Suit by hereditary trustees challenging a letter declaring cessation of their trusteeship in a trust was decreed in terms of a mediation settlement after the third defendant was restored to the party array pursuant to an appellate order.
Suit decreed in terms of the Memo of Compromise; no costs; court fees refundable to the plaintiff per rules.
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C.S.No.26 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 07.08.2024
CORAM:
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN
C.S.No.26 of 2023
.. Plaintiffs
/versus/
Ramasamy Salai,
1/5
C.S.No.26 of 2023
K.K.Nagar, Chennai - 600 078.
K.K.Nagar, Chennai - 600 078. .. Defendants
This Civil Suit is filed under Order 7 Rule 1 R/w Rule 1 Order IV of O.S.Rules, prayed for a judgment and decree against the Defendants:-
a).to declare the letter dated 07.01.2023 issued by the 4th defendant communicating the Cessation of Trusteeship of the 1st defendant Trust to the plaintiffs, as null and void, non-est and not binding on the plaintiffs;
b).Granting permanent injunction restraining the defendants 4 and 5 or their men, agent or any other person acting through them, from interfering with the plaintiffs in their right to discharge their duties and functions as the Hereditary Trustees of the 1st defendant Trust;
c).Costs of the suit.
For Plaintiffs : Mr.T.R.Rajagopalan, Senior Counsel for Mr.A.E.Ravichandran
For D1 to D5 : Mr.M.S.Krishnan,
Senior Counsel for Mr.R.Bharath Kumar
C.S.No.26 of 2023
J U D G M E N T
A Memo of Compromise has been filed by M/s.Meenakshi Ammal Trust, Represented by its Founder Trustee. Mediator Report has been filed. My learned Former Judge Hon'ble Mr.F.M.Ibrahim Kalifulla (Rtd.,), Supreme Court of India was appointed as mediator. The mediation process has become successful. Terms 1 to 40 have been agreed by the respective parties and the parties signed and they appeared before this Court also. The presence has been recorded and there shall be a decree in accordance with law in terms of the compromise memo. It has been recorded that initially, the third defendant M/s.Sri Muthukumaran Educational Trust was removed from the suit. As against which O.S.A.Nos.75, 76 of 2024 was filed and by an order dated 06.08.2024, the Division Bench has passed an order based upon the joint memo so that O.S.A.No.76 of 2024 stands allowed. Consequently, the third defendant was restored as array of parties necessary.
C.S.No.26 of 2023
2.In view of the above observations, the suit is decreed in terms of the Memo of Compromise. No order as to costs. The Memorandum of Compromise shall form part of the decree. The Registry may refund the Court fees in accordance with the rules, to the plaintiff, on proper acknowledgment and undertaking.
07.08.2024
nvi Neutral Citiation : Yes / No Index : Yes / No Speaking order : Yes / No
C.S.No.26 of 2023
RMT.TEEKAA RAMAN,J.
nvi
C.S.No.26 of 2023
07.08.2024
1 issue framed by the court
Whether the suit challenging cessation of hereditary trusteeship could be decreed in terms of the memorandum of compromise reached through mediation.
1 provisions across 1 enactments
R.Rakesh
Dr.G.Ra.Gokul
Dr.K.P.Gautam Srinivas
Dr.K.P.Arvind Srinivas
M/s.Meenakshi Ammal Trust, represented by its Founder Trustee
Mrs.Jayanthi Radhakrishnan
RMT.TEEKAA RAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
