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2025 Supreme(Online)(Mad) 59516

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, M.JOTHIRAMAN, JJ
N.AR.Thangavel – Appellant
Versus
N.Vasantha Rajan – Respondent


Advocates:
For the Appellants/Petitioners: Mr.Natarajan, Senior Counsel, for M/s.Vijayakumari Natarajan
For the Respondents: Mr.S.Parthasarathy

COMMON JUDGMENT

(Judgment of this Court was delivered by M.JOTHIRAMAN J.

Unsuccessful plaintiff / Thangavel has preferred an appeal in A.S. (MD)No.115 of 2018 as against the judgment and decree passed in O.S.No.6 of 2013. He has preferred an another appeal in A.S.(MD)No. 123 of 2018 as against the judgement and decree passed in O.S.No.39 of 2010. By a common decree and judgment dated 20.07.2017, both suits came to be dismissed. For the shake of convenience, the parties are referred to as per their rank before the trial Court.

2.Brief case of the plaintiff in O.S.No.6 of 2013 is as follows:-

The suit has been filed for declaration that the defendants 2 & 3 are not validly appointed trustees and for consequential permanent injunction. The plaintiff's father one Arumugam created a Trust in the name of “Shri Arumugam Pillai Seethai Ammal Trust” under registered trust deed dated 12.03.1966. He has nominated himself, his wife and his son Nagarajan as trustees. The object of the trust is to run Educational Institutions, to construct hospitals, maternity house, orphanage for poor children, old age home and various other charities for poor people and performance of some pooja to temples. He has

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