The court rejected a civil suit filed to conduct elections and declare an MOU void because the prior leave under Section 92 of CPC was quashed by a Division Bench. All connected applications were closed.
Suit rejected; connected applications closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.S.No.195 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.01.2024
CORAM
THE HON`BLE MR.JUSTICE N.SATHISH KUMAR
C.S.No.195 of 2022 &
O.A.No.597 of 2022 & A.No.4033 of 2022
... Plaintiffs
vs
Civil Suit filed under Order IV Rule 1 of High Court O.S. Rules 1956 read with Order VII Rule 1 of CPC for the following reliefs :
1/4
C.S.No.195 of 2022
a] to pass an Order for the conduct of elections as provided in the trust deed dated 13.08.1987 of the first defendant trust for purpose of removing previous trust board and electing new trust board appointing,
b] a declaration that the MOU dated 13.12.2021 entered into between the first and second defendants is illegal, null and void.
c] consequently to grant permanent injunction restraining the third defendant from performing any actions in the capacity of the president of the first defendant trust.
d] Mandatory injunction directing the first defendant to conduct its affairs, management and operation of Bank accounts strictly in accordance with its Trust Deed dated 13.08.1987.
c) costs.
For plaintiffs : Mr.S.Namsivaya For defendants : Mr.K.V.Babu – D1 Mr.D.Ferdinand – D2 Mr.P.Prithvi Chopda – D3
J U D G M E N T
This suit has been filed for conducting election of the first defendant
trust, to declare that the MOU dated 13.12.2021 entered between the first and second defendants as null and void, for permanent injunction against the third defendant from performing any actions in the capacity of the President
2/4
C.S.No.195 of 2022
of the first defendant trust, for mandatory injunction directing the first defendant to conduct its affairs, management and operation of Bank accounts strictly in accordance with its Trust Deed dated 13.08.1987 and for costs.
03.01.2024
vrc
3/4
C.S.No.195 of 2022
N.SATHISH KUMAR, J.
vrc
C.S.No.195 of 2022
03.01.2024
4/4
Nirmal Bhurath others
Shree Chandraprabumaharaj Juna Jain Mandir Trust
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
