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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.GOVINDARAJAN THILAKAVADI
R.Gopinath – Appellant
Versus
G.R.Karthikeyan – Respondent
| Table of Content |
|---|
| 1. overview of the public charitable trust and plaintiffs' claim. (Para 2 , 3) |
| 2. plaintiffs assert their trustee rights; defendants argue for necessary parties. (Para 4 , 5 , 6) |
| 3. court's analysis of the applicability of section 92 cpc. (Para 7 , 18 , 20 , 22 , 25) |
| 4. court's decision reflecting on the trust mismanagement and plaintiffs' claims. (Para 26 , 27) |
JUDGMENT :
K.GOVINDARAJAN THILAKAVADI, J.
1. The Civil Miscellaneous Appeal is preferred against order dated 12.06.2025 passed in I.A.No.2 of 2021 in OSCFR No.10337 on the file of the learned Principal District Judge, Coimbatore.
2.The appellants, as plaintiffs filed suit under Section 92 of the Civil Procedure Code for the following reliefs:
a. Declaring that the plaintiffs are the lifetime Managing Trustees of 'Coimbatore Auto Sports and Transport Trust.'
b. Granting an order of permanent injunction restraining the 1st defendant, his family members, agents, from in any way, in any manner swapping the properties of 'Coimbatore Auto Sports and Transports Trust.'
3.According to the plaintiffs, a trust under the Name and Style of 'Coimbatore Auto Sports and Transport Trust' was formed on 09.09.1987 for General and Publ
A suit under Section 92 of CPC must serve public interest and establish breach of trust; claims of personal grievances cannot sustain such suits.
The court established that for a suit under Section 92 of the CPC, it is essential to demonstrate a public charitable trust, a breach of trust, and appropriate relief sought, emphasizing the protecti....
A suit under Section 92 of the CPC can only be filed against a trust and not by a trust itself; claims that are personal in nature do not qualify for relief under this section.
Point of Law : Where the allegation of breach of trust, direction for administration of Trust is absent, the suit is maintainable and obtaining leave under Section 92 of the CPC is not necessary.
A Trust can seek relief under Section 92 CPC when it is a party to the proceedings alongside interested individuals, especially in cases of alleged mismanagement.
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