IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-11-2025

CORAM

THE HONOURABLE MR.JUSTICE S. SOUNTHAR

CRP No. 6028 of 2025 and

CMP No.29787 of 2025

1. Thamarai Trust

Rep by Managing Trustee M.

Kanagaraj, No.281, 3rd Street, Jai Nagar, Kangayam Road, Tiruppur.

Petitioner(s)

Vs

1. Mukundan .S Chettiappa (Died) 1.

Ponmani Devi Srinivasan

W/o. Late. LMC Srinivasan, No.39,

Tashil Srinivasapuram, Tiruppur,

Tiruppur Dt.

2.V. Mohan Kumar

S/o. Venkidusamy, No.12/21A,

Thayampalayam, Perumalpalayam Panjayath, Mudalipalayam Village,

Kangayam Taluk, Tiruppur Dt.

3.Vanjanayaki S Chettiappa

W/o. Mukundhan S Chettiappa, No.39,

Tashil Srinivasapuram, Tiruppur,

Tiruppur Dt 641 601

4.Minor. Kamalam Srinivasan

Chettiappa

D/o. Late. Mukundhan S Chettiappa,

No.39, Tashil Srinivasapuram, Tiruppur, Tiruppur Dt 641 601.

5.V. Muthappa Chettiar Sons Charities Rep by its Managing Trustee, V.P.M.

Manickam, having office at V.

Muthappa Chettiar Dharma Vidyalayam, Thayampalayam, Kangayam Taluk, Tiruppur Dt 638 703.

6.VPM Manickam S/o. Late. V.M.P. Muthusamy, D.No.30, Vyasar St, T. Nagar, Chennai 017.

7.V. Ravikumar S/o. Late. V.M.P. Veeramuthu, SF2, Ramprasad Paradise Apartments, Blue Mount Enclave, Vattamalai Palayam Road, Near Ramakrishna Engineering Colllege, Coimbatore 641 022.

8.T.M. Vikram S/o. V.P.M. Manickam, D.No.30, Vyasar St, T.Nagar, Chennai 017.

9.R. Rajesh S/o. V. Ravikumar, SF2, Ramprasad Paradise Apartments, Blue Mount Enclave, Vattamali Palayam Road, Near Ramakrishna Engineering College, Coimbatore 641 022.

10.R. Ranjith S/o. V. Ravikumar, SF2, Ramprasad Paradise Apartm ents, Blue Mount Enclave, Vattamalai Palayam Road, Near Ramakrishna Engineering College, Coimbatore 641 022.

11.G. Vanjinath S/o. Late. V.P.M. Govinda Dass, D.No.A022, Pricol Crimson Dawn, Respondent(s)

SNR College Road, Near Navas India Signal, Coimbatore 641 018.

PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India to set aside the order dated 16.07.2025 made in IA No.21 of 2025 in OS No.70 of 2014 pending on the file of the Principal District Judge, Tiruppur District.

For Petitioner(s): Mr. P.R.Balasubramanian

ORDER

This civil revision petition is filed, challenging the order passed by the Trial Court, dismissing the application filed by the petitioner/8th defendant, seeking issuance of summons to the 2^nd plaintiff as a witness in the suit.

2. The respondents 1 to 4 herein filed a suit seeking to remove the defendants 2 to 6 from the office of the trustees of the 1^st defendant trust and for various reliefs. As far as the 8^th defendant is concerned, the plaintiffs sought for declaration, declaring that the sale deed dated 23.12.2011 executed by the defendants 2 to 6 in favour of the 8^th defendant as null and void and not binding upon the 1^st defendant Trust.

3. In the suit, already trial commenced and evidence of the parties were recorded. After recording evidence of the petitioner as DW2, the instant application was filed by him seeking to call the 2^nd plaintiff as witness on behalf of the petitioner/8^th defendant. The said application was dismissed by the Trial Court. Aggrieved by the same, the petitioner has come before this court.

4. The learned counsel for the petitioner, by taking this court to Section

92 of Civil Procedure Code, would submit that in cases involving a Trust, atleast two persons, interested in the Trust, shall institute the suit. In the case on hand, the 4^th plaintiff was examined as PW1 and the 2^nd plaintiff, who is having entire knowledge about the subject matter of the suit was not at all examined as a witness. Therefore, the petitioner filed the instant application seeking to call the 2^nd plaintiff as a witness on the side of the 8^th defendant.

5. On behalf of the plaintiffs, the 4^th plaintiff was already examined as PW1 and he was extensively cross examined by the petitioner/8th defendant. Thereafter, evidence on the side of the defendants was recorded. The petitioner/8th defendant was also examined as DW2. Now, the instant application was filed by the petitio