IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-02-2026 CORAM THE HON'BLE MR.JUSTICE S. SOUNTHAR CRP No. 5152 of 2025 and CMP.No.25979 of 2025 S. Prabhakaran ..Petitioner(s)

Vs

1.G. Muthukrishnan

2.G. Pandurangan 3.G. Gunasekaran

4.S. Sudhakaran 5.K. Siddharthan

6.K. Thangapazham

7.R. Ramamurthy N. Janardhanan (Died)

8. S. Premkumar

9.S. Sathishkumar 10.L. Devanathan 11.P. Prabhavathy

12.S. Selvam

13.Umamaheshwari

14.The State of Tamil Nadu Rep by District Collector, Manjakuppam, Cuddalore.

15.The Sub-Registrar Cuddalore Municipality, Manjakuppam, Cuddalore.

16.The Commisisoner Cuddalore Municipality, Bharathi Road, Cuddalore.

17.The Thasildar Cuddalore Taluk Office, Beach Road, Cuddalore.

18.The Assistant Engineer (Town)

Tamil Nadu Electricity Board, (O and M), River Side Street, Pudupalayam, Cuddalore.

19.Raja @ Govindaraj

20.The Sub Registrar Cuddalore Main Road, Nellikuppam, Cuddalore.

21.R. Pandian ..Respondent(s)

Prayer:- Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the Order passed in I.A.No.103 of 2025 through its order dated 19.06.2025 in O.S.No.92 of 2004 on the file of Learned Additional District Munsif, Cuddalore and to reject the plaint in O.S.92 of 2004 pending on the file of Learned Additional District Munsif, Cuddalore.

For Petitioner(s): Mr.K.S.Jeyaganeshan For Respondent(s): R.Rajavelavan for R1 to R6 Mr.N.Muthuvel for R14 to R17 & R20 Government Advocate

ORDER

The civil revision petition is filed challenging the order passed by the trial court dismissing the application filed by the petitioner/7^th defendant seeking rejection of the plaint.

2. The respondents 1 to 7/plaintiffs filed a suit seeking declaration that the so-called decree of declaration granted in O.S.No. 225 of 2003 on the file of I Additional Sub-Court, Cuddalore dated 30-10-2003 for the sale of the trust properties namely suit properties was null and void. They also sought for declaration that two sale deeds dated 12-12-2003 and 12.12.2003 executed by 1^st defendant in favour of defendants 6 and 7 were void ab initio and consequently pass a decree for recovery of possession of the suit properties. They also sought for permanent injunction restraining the defendants 1 and 2 from alienating and encumbering item 2 of the suit properties. The respondents 1 to 7 also sought for mandatory injunction directing the defendants 1 and 2 to deposit the sale proceeds derived by them under void sale deeds dated 12-12-

2003 into Court.

3. According to the plaintiffs in the suit, the suit properties originally belonged to one Krishnasamy Mudaliar and he created a Trust called Krishnasamy Mudaliar Trust under registered Will dated 25-04-1920. As per the terms of the Will, the properties were set apart for the purpose of certain charities. The first defendant, who is the descendant trustee of the above- mentioned trust, executed two registered power deeds dated 17-02-2003 and 21- 02-2003 in favour of second defendant enabling him to sell the trust properties. It is the specific case of the petitioner/ 2^nd defendant that as per the terms of the Will, the trust properties are inalienable and any alienation is void. The petitioner herein/ 2^nd defendant, on the terms of the power deeds executed by the first defendant, filed a suit in OS.No.225 of 2003 on the file of the I Additional Sub-Court, Cuddalore against his brothers and sought for a declaration that he was entitled to sell the suit properties. The defendants in the said suit colluded with the 2^nd defendant and remained ex-parte deliberately and consciously. Therefore, an ex-parte decree was passed in favour of the second defendant. Based on the said collusive ex-parte decree obtained by the second defendant as power agent of the first defendant, the first defendant sold the suit properties to defendants 6 and 7 under two sale deeds mentioned above.

4. The respondents 1 to 7/plaintiffs, claiming themselves as beneficiaries of the Trust, instituted a present suit for the above s