Madras High Court
Kamala Muthiah vs Arti Meenakshi Muthiah on 23 June, 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
C.S.No.87 of 2017
and
A.Nos.1889 to 1892 of 2020
Kamala Muthiah ... Plaintiff
vs.
1.Arti Meenakshi Muthiah
2.Tarun Ghai
3.Supriya Ananth Reddy
4.Sir.M.Ct.Muthiah Chettiar Higher
Secondary School Trust,
Represented by its President,
and having office at
No.23, Raja Annamalai Road,
Purasawalkam,
Chennai – 600 084.
5.Lady M.Ct. Muthiah Chettiar
Girls Higher Secondary School Trust,
Represented by its President,
and having office at 13/14,
Alagappa Road, Purasawalkam,
Chennai – 600 084. ... Defendants
Prayer:- Civil Suit is filed under Order IV Rule 1 of Original Side Rules
read with Order VII Rule 1 of CPC praying for a Judgment and Decree:
a) declaring that the plaintiff is the Trustee for life and President of the
4th and 5th defendant trusts.
1/5
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b) declaring the appointment of 1st defendant as President and Trustee of
the 4th and 5th defendant trusts as null and void.
c) declaring the appointment of 2nd and 3rd defendant as Trustee of the 4th
and 5th defendant trusts as null and void
d) Permanent injunction restraining the defendants Nos.1 to 3, their
men, agents and subordinates or anyone claiming through them from
preventing the plaintiff from discharging her functions as the Trustee and
President of the 4th and 5th defendants Trusts.
e) Permanent Injunction restraining the defendant Nos.1 to 3, their men,
agents and subordinates or anyone claiming through them from any
manner dealing with the properties of the 4th and 5th defendant Trusts.
f) Appoint Dr.Jayshree Oza-Director of CEMD-Centre for Education
Management and Development (New Delhi), and NGO as Administrator of
the 4th and 5th defendant Trusts and
g) To award the cost as against the defendants herein.
For Plaintiff : Ms.Abitha Banu
For Defendants : Mr.G.Gopinath
for M/s.J.Thilagaraj
JUDGMENT
This Civil Suit has been filed praying for a Judgment and Decree
a) declaring that the plaintiff is the Trustee for life and President of
the 4th and 5th defendant trusts.
b) declaring the appointment of 1st defendant as President and Trustee
of the 4th and 5th defendant trusts as null and void.
https://www.mhc.tn.gov.in/judis
c) declaring the appointment of 2nd and 3rd defendant as Trustee of the
4th and 5th defendant trusts as null and void
d) Permanent injunction restraining the defendants Nos.1 to 3, their
men, agents and subordinates or anyone claiming through them from
preventing the plaintiff from discharging her functions as the Trustee and
President of the 4th and 5th defendants Trusts.
e) Permanent Injunction restraining the defendant Nos.1 to 3, their
men, agents and subordinates or anyone claiming through them from any
manner dealing with the properties of the 4th and 5th defendant Trusts.
f) Appoint Dr.Jayshree Oza-Director of CEMD-Centre for Education
Management and Development (New Delhi), and NGO as Administrator of
the 4th and 5th defendant Trusts and
g) To award the cost as against the defendants herein.
2. Heard the learned counsel for the plaintiff and the learned counsel
appearing for the defendants and also perused the materials placed on
record.
3. The learned counsel for the plaintiff has filed a memo, wherein,
paragraph Nos.4 to 6 reads as follows:
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“ 4. In pursuance of the mediation, the parties arrived
at a settlement vide Memorandum of settlement dated
26.03.2022 and Corrigendum dated 04.04.2022. The
Hon'ble Supreme Court has also recorded the
Memorandum of Settlement (MOS) dated 26.03.2022 vide
order dated 29.04.2022.
5. It is submitted that as per the MOS, both the parties
to seek for discharge of the Overseer and to confine his
remuneration to Rs.5,00,000/- and plaintiff to withdraw
the suit.
6. It is therefore prayed that this Hon'ble Court may be
pleased to take the Memorandum of Settlement dated
26.03.2022 and Corrigendum dated 04.04.2022 on
record and permit the plaintiff to withdraw the suit and
consequently discharge the overseer by confining his
remuneration to Rs.5,00,000/- in terms of the MOS. “
4. In view of the submission and endorsement made by the learned
counsel for the plaintiff and recording the Memo filed by the plaintiff, this
Civil Suit stands dismissed as withdrawn. Consequently, connected
applications are closed. No costs.
Gv 23.06.2022
https://www.mhc.tn.gov.in/judis
A.A.NAKKIRAN,J.
gv
C.S.No.87 of 2017
and
A.Nos.1889 to 1892 of 2020
23.06.2022
https://www.mhc.tn.gov.in/judis
