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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION)

WEDNESDAY, THE 27TH DAY OF APRIL 2022

THE HON'BLE MRS. JUSTICE V. BHAVANI SUBBAROYAN

C.S.No. 673 of 2012

1. R. Jayaveera Pandian,

S/o. Rajan,

Residing at No.63,

Village Highway,

Sholinganallur,

Chennai – 600 119.

2. N. Tamizharasan,

S/o. Natarajan,

Residing at No.706-B,

MMDA, Mathur,

Chennai – 600 068.

... Plaintiff

-Vs-

1. L.M. Krishnasamy Nadar,

S/o. Muthuappa Nadar,

Office at No. 18/1, New No. 43,

Lattice Bridge Road,

Adyar, Chennai – 600 020.

2. R. Mathivanan,

S/o. Rajan,

Residing at No.23,

Pudupettai Garden Street,

Royapettah, Chennai – 600 014.

3. R.S. Rajan,

S/o. Shanmugaraja,

Residing at No.30,

West Kalmandapam Road,

Royapuram, Chennai – 600 013.

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4. S. Vijayarajan,

S/o. Subhaiah,

Residing at No.96,

Greenways Road,

Chennai – 600 028.

5. M. Ramaswamy,

S/o. Muthukarrappan,

Residing at No.215,

Main Road,

Poonamallee, Chennai – 600 059.

6. “Chennai” Vaz Kovilapatti Nadar,

Uravin Murai Sangam,

* (Regd. 45/84 (Amended as per Order

dated 13/06/2016 in Application 672/2015 and

Order dated 27/06/2016)

Rep.by its President

No.18/1, New Door No.43,

Lattice Bridge Road,

Adyar, Chennai – 600 020.

7. M/s. Crescent Auto Repairs and Services

India (Private) Ltd.,

Rep.by its President,

A.K. Abdullah.

Office at No.9, Cenotaph Road,

Alwarpet,

Chennai – 600 018.

... Defendants

Civil Suit praying that this Hon'ble Court be pleased to pass a decree:

a) Directing the removal of the * office bearers, Defendants 1 to 5

from * Sangam of “Chennai Vaz Kovilpatti Nadar Uravin Murai Sangam”

(Regd. No.45/84)

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b) Appointing new * office bearers for the * Sangam “Chennai Vaz

Kovilpatti Nadar Uravin Murai Sangam” (Formerly No.45/84)

c) For Framing Scheme for the management of the suit property

belonging to the * office bearers “Chennai Vaz Kovilpatti Nadar Uravin

Murai Sangam” (Reg.No.45/84) * (Amended as per order dated

13/06/2016 in Appln.No. 672/2015 & Order dated 27/06/2016).

d) Directing the 1^st defendant to render accounts for the income

received from the suit property from 16.07.1999 and deposit the amount in

the Court.

e) Directing the Defendants 1 to 5 to pay the costs of the suit.

This Civil Suit coming on this day before this Court for hearing in the

presence of M/s.R.Poornima, Advocate for the Plaintiffs herein and the

Defendants herein, having not appeared in person or by Advocate and the

said Defendants herein, having been set exparte on 21.12.2021 and upon

reading the Plaint filed herein and the other exhibits their referred to and

upon perusing the evidence adduced therein and this Court having observed

that considering the submissions made by the learned counsel for the

plaintiff and in order to safeguard the property with a view to satisfy the

requirements, for which the society was established and to restrain the

defendants from entering into the property in any manner and deal with it

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cladestinely, and that as per orders of this Court in A.No. 3303 of 2016

dated 12.12.2017, election was conducted and the earlier office bearers /

defendants 1 to 5 were removed and new office bearers are elected and they

were directed to assume charge on 28.02.2018, and the prayer 'a' , 'b' and 'd'

in the Plaint have become infructuous and since order dated 16.08.2017

passed in A.No. 587 of 2013 has not been complied with, Contempt Petition

has been preferred in Contempt Petition No. 2268 of 2017 and the same is

pending, It is ordered and decreed as follows :-

That the scheme for the Management of the suit property morefully

set out in the schedule hereunder, belonging to the Sangam 'Chennai Vaz

Kovilpatti Nadar Uravin Murai Sangam' (Reg.No. 45/84) shall be as

follows:-

I. Name of the Sangam : Chennai Vaz Kovilpatti Nadar Uravin

Murai Sangam, 18/1, N