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2025 Supreme(Online)(Mad) 66813

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Kumaresh Babu, J
A.S.Raghavan – Appellant
Versus
The Executive Officer, Arulmigu Parthasarathy Swamy Thirukoil, Triplicane, Chennai-600 005 – Respondent


Advocates:
For the Appellants/Petitioners: Mr.T.V.Ramanujam Senior Counsel for Ms.R.Ramya
For the Respondents: Mr. D.Rajagopal for R1

ORDER

This instant application has been filed to direct the 1st Defendant/Respondent to handover possession of newly constructed forming part of A schedule property mentioned in the plaint to the applicant/plaintiffs.

2. Heard Mr.T.V.Ramanujam, learned Senior Counsel appearing for Ms.R.Ramya, learned counsel appearing for the applicants and Mr.D.Rajagopal, learned counsel for the first respondent.

3. Mr.T.V.Ramanujam, learned Senior counsel appearing for the applicants would submit that the plaintiffs being the hereditary trustees of the Trust who owns the suit schedule property had approached this Court by filing the suit including the prayer for handing over the possession of the suit scheduled properties to the applicants within the time fixed by this Court and also for various other reliefs.

4. He would submit that in an earlier proceedings initiated by the applicants in O.S.No.645 of 1984, which had been held in favour of the hereditary trustees was challenged by the first respondent in an Appeal suit in A.S.No.713 of 1991. He would submit that in the appeal suit, this Court holding that the Ex.A2-Will should be construed as a trust deed, also declared the applicants to be the her

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