Dismissed

J.Mahesh, v. v.S.Ramasubramanian, (Died)

Madras HC2 Feb 2023CRP/1125/2001

Case brief

AI extract

What is this about?

The Madurai High Court disposed of a civil revision petition challenging the rejection of the petitioner's appointment as hereditary trustee. The High Court upheld the lower court's finding that the petitioner's father failed to prove adoption into the family, making the hereditary claim invalid, but allowed the petitioner to apply under the open community category.

What did the court decide?

Petitioner allowed to apply for trusteeship under the open category; civil revision petition dismissed.

J.Mahesh, Vs v.S.Ramasubramanian, (Died) — Succession and Inheritance | Madras HC (2023)

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C.R.P.(NPD).No.1125 of 2001

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 02.02.2023

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CORAM

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR C.R.P.(NPD).No.1125 of 2001

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and CMP(MD).No.6099 of 2001

J.Mahesh

....Petitioner

1.V.S.Ramasubramanian (died)

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2.M.Govindan

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3.S.Duraipandian (died)

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4.Ramakishore

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5.Vathsala (died)

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6.M.Ayyamperumal (died)

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...Respondents

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(Respondents 1,3,5 and 6 died, memo recorded in USR No.477 dated 03.02.2016 presented in Court dated 02.02.2016 and 2^nd memo presented in Court dated 12.02.2016, recorded vide Court order dated 12.02.2016)

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PRAYER: The Civil Revision Petition has been filed under Section 115 of Code of Civil Procedure, to allow the civil revision petition setting aside

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https://www.mhc.tn.gov.in/judis

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C.R.P.(NPD).No.1125 of 2001

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the Fair and Decreetal order of the learned Principal District Judge, Madurai dated 23.03.1998 in I.A.No.46 of 1996 in O.S.No.4 of 1915 and to order the said I.A. as prayed for appointing the petitioner as hereditary trustee of Lala Sri Renga Chathram Charities Trust, Madurai for life.

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For Petitioner : Mr.M.Karthikeya Venkitachalapathy For Respondents : No appearance

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O R D E R

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This Civil Revision Petition has been filed challenging an order passed by the Principal District Court, Madurai wherein the request of the petitioner for appointment as a Life Cum Managing Trustee of Lala Sri Renga Chathram Charities Trust, Madurai in the vacancy created by removal of his father Janardhana Misra @ Janardhana Prasad from the office of Life Cum Managing Trustee was rejected.

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2.The learned District Judge after careful consideration of the oral

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and documentary evidence, had arrived at a finding that the revision petitioner has not established the fact that his father was adopted to the family. On the said ground, the request of the petitioner for appointment of trustee under the hereditary category was rejected. The said issue relating

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https://www.mhc.tn.gov.in/judis

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C.R.P.(NPD).No.1125 of 2001

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to the adoption of the father of the writ petitioner was framed as a preliminary issue and after a detailed discussion, the learned District Judge has arrived at a finding that he has not established his adoption into the family of Suklal Subedar as a adopted son. When the father of the revision petitioner has not established his adoption into the family of Suklal Subedar, his son cannot seek any right to be inducted as a trustee under the hereditary category. Therefore, this Court does not find any illegality or infirmity in the order passed by the Tribunal. However, the petitioner, also belonging to the said community, he will be entitled to apply for the post of trusteeship under the open category meant for the community people.

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3.With the above observations, this Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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02.02.2023

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Index : Yes/No Internet : Yes/No NCC : Yes/No msa

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https://www.mhc.tn.gov.in/judis

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C.R.P.(NPD).No.1125 of 2001

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1.The Principal District Judge Madurai

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2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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https://www.mhc.tn.gov.in/judis

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C.R.P.(NPD).No.1125 of 2001

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R.VIJAYAKUMAR, J

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msa

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C.R.P.(PD)(MD).No.1125 of 2001 and CMP(MD).No.6099 of 2001

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02.02.2023

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5/5

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https://www.mhc.tn.gov.in/judis

J.Mahesh, v. v.S.Ramasubramanian, (Died)

Case brief

What is this about?

What did the court decide?

J.Mahesh, v. v.S.Ramasubramanian, (Died)

Case brief

What is this about?

What did the court decide?

What the court decided

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