A trust may sell property for its charitable purposes with court approval, ensuring funds are used for the intended charitable objectives.

P.DHANABAL, J.

Today, the matter has been listed under the caption “For Being Mentioned.”

2. The learned counsel appearing for the plaintiffs brought to the knowledge of this Court that as per the Suit, no defendants have been arrayed as parties. However, in the order, the names of the defendants have been typed. Therefore, the defendants' name have to be deleted.

3. This Court also perused the entire records.

4. As per the plaint, there are no defendants. This Court also in para no.4 mentioned that there are no defendants in the Suit. However, the names of the defendants have been wrongly mentioned. Therefore, the said typographical error has to be corrected and the names of the defendants are ordered to be deleted.

5. Accordingly, the Registry is directed to carry out the amendment and issue a fresh order copy.

13.11.2025 dk P.DHANABAL, J.

dk

13.11.2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 26.09.2025 CORAM THE HONOURABLE MR.JUSTICE P.DHANABAL C.S.No.68 of 2025

1. Motilal Kanhaiyalal Fomra Charitable Trust, Represented by its Managing Trustee, Shri. Srikumar Fomra Son of Kanhaiyalal Fomra Having Office at No.89 (new)/no.43(old), Armenian Street, Chennai – 600 001.

2. Sudhakar Fomra Son of Srikumar Fomra Trustee, Motilal Kanhaiyalal Fomra Charitable Trust, Having Office at No.89 (New) /No.43(old), Armenian Street, Chennai – 600 001. ... Plaintiffs Vs.

1.Mr.G.Parthiban

2.Mrs.S.Malarvizhi

3.Ms.S.Kaviya ... Defendants Prayer: The Civil Suit has been filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 & Section 92 of the Code of Civil Procedure, 1908 for following relief:

(a) Grant leave to the plaintiff to sell the Schedule mentioned property which belongs to the plaintiff Trust.

(b) Direct that the proceeds of the sale be used for the construction of a school, to further the objectives of the Trust in promoting education for underprivileged children For Plaintiff : M/s.V.Charishma for M/s.V.Srimathi

ORDER

This suit has been filed by the plaintiffs under Order VII Rule 1 and Section 92 of the CPC to grant leave to the plaintiff to sell the Schedule mentioned property which belongs to the Plaintiff Trust and to direct that the proceeds of the sale be used for the construction of a school to further the objectives of the Trust in promoting education for underprivileged children.

2.According to the plaintiffs, the Trust namely M/s.Motilal Kanhaiyalal Fomra Charitable Trust having office at No.89(new) No.43 (old), Armenian Street, Chennai is a public charitable trust registered vide a trust deed Doc.No.399 of 1995 on the file of the Joint Sub Registrar, Chennai on 05.04.1995. The plaintiffs have filed the suit seeking permission to sell the properties described in Suit Schedule of the plaint which belongs to the Trust. Infact the plaintiff is a public trust founded with a view to promote the cause of education and help the economically and socially under-privileged community and needy students. The Trust owns a property, more particularly described in Suit Schedule situated at Nolambur Village, Village No. 82, Saidapet Taluk, within the Registration Sub District of Sembiam, Registration District of North Madras and comprised in Survey No.204 and 206 measuring an extent of 2 acres 90 cents and 1 acre 72 cents respectively. The property was purchased by the Trust represented by the Managing Trustee, Mr.Sunderlal Fomra from a Partnership concern M/s. Lakshmi Narasimha Brick Industries vide a sale deed dated 25.09.1996.

3. The suit scheduled property has not been fully utilized for the purposes of trust, due to lack of sufficient funds for development of the property. In furtherance of its objectives viz, to promote the cause of education and help the needy students, the Trust intends in constructing a superstructure for a school from the proceeds obtained throu