Madras High Court
M.Subramaniam vs M/S.Ponni Charitable Trust on 19 September, 2023
C.M.A. Nos.4764, 4769 and 4770 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.09.2023
Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
C.M.A. Nos.4764, 4769 and 4770 of 2019 and
CMP Nos.27465, 27470, 27456, 27484 of 2019
CMP Nos.16419, 16421, 16429 of 2023
In C.M.A. No.4764 of 2019
1.M.Subramaniam
2. G.Rathinasabapathy
3. G.Manoharan
4. Ramathal
5. M.Ganesan
6. M.Srinivasan
7. Thangaraj ... Appellants
Vs.
1. M/s.Ponni Charitable Trust
Samalapuram P.O.,
Rep. by its. President
R.Ramamoorthy
Having Office at No.858, Samalapuram Post,
Tirupur District-641 668
2. M/s. Literacy Mission Matriculation Higher Secondary School
Rep. by its Principal,
Karanampettai - Somanur Road,
Samalapuram
Tirupur - 641 663
1/10
https://www.mhc.tn.gov.in/judis
C.M.A. Nos.4764, 4769 and 4770 of 2019
3. G.S.Ramasamy
4. R.Ramamoorthy
5. S.A.Senthilkumar
6. P.Senniappan
7. M.V.Thangannan
8. P.Ganesamoorthy
9. Sathyaraj Ramamoorthy
10. S.Gunashekar
11. T.Chinnasamy
12. A.Velusamy
... Respondents
Prayer: This Civil Miscellaneous Appeal if filed under Order 43 Rule 1 (R)
of Civil Procedure Code, to set aside the order and decretal order dated
06.09.2019 in I.A.No.512 of 2019 in O.S.No.300 of 2019 on the file of the
Principal District Judge, Tiruppur.
For Appellants : Mr. R.Singaravelan, Senior Advocate for
Mr.B.Nedunchezhiyan
For Respondents : M.J.Mohan, Senior Advocate for
Mr.G.Mutharasu and D.Gopal for R1
R2, R4 and R6 - No Appearance
Mr.S.Saisathiyajith for R7
Mr.K.Kathiresan for R8 and R9
Mr.C.Iyyapparaj for R11
Mr.S.Ravindran, Senior Advocate for
Mr.D.Raghu for R3
Dr.M.Bhuvaneswaran for R5, R10 and R12
https://www.mhc.tn.gov.in/judis
C.M.A. Nos.4764, 4769 and 4770 of 2019
In C.M.A. No.4769 of 2019
1.M.Subramaniam
2. G.Rathinasabapathy
3. G.Manoharan
4. Ramathal
5. M.Ganesan
6. M.Srinivasan
7. Thangaraj ... Appellants
Vs.
1. M/s.Ponni Charitable Trust
Samalapuram P.O.,
Rep. by its. President
R.Ramamoorthy
Having Office at No.858, Samalapuram Post,
Tirupur District-641 668
2. M/s. Literacy Mission Matriculation Higher Secondary School
Rep. by its Principal,
Karanampettai - Somanur Road,
Samalapuram
Tirupur - 641 663
3.R.Ramamoorthy
4.S.A.Senthilkumar
5.T.Chinnasamy
6.A.Velusamy ... Respondents
Prayer: This Civil Miscellaneous Appeals is filed under Order 43 Rule 1 (R)
of Civil Procedure Code, to set aside the order and decretal order dated
06.09.2019 in I.A.No.511 of 2019 in O.S.No.300 of 2019 on the file of the
Principal District Judge, Tiruppur.
https://www.mhc.tn.gov.in/judis
C.M.A. Nos.4764, 4769 and 4770 of 2019
For Appellants : Mr. R.Singaravelan, Senior Advocate for
Mr.B.Nedunchezhiyan
For Respondents : M.J.Mohan, Senior Advocate for
Mr.G.Mutharasu and D.Gopal for R1
R2 and R3-No Appearance
Dr.M.Bhuvaneswaran for R4 and R6
Mr.C.Iyyapparaj for R5
In C.M.A. Nos.4770 of 2019
1.M.Subramaniam
2. G.Rathinasabapathy
3. G.Manoharan
4. Ramathal
5. M.Ganesan
6. M.Srinivasan
7. Thangaraj ... Appellants
Vs.
1. M/s.Ponni Charitable Trust
Samalapuram P.O.,
Rep. by its. President
R.Ramamoorthy
Having Office at No.858, Samalapuram Post,
Tirupur District-641 668
2. M/s. Literacy Mission Matriculation Higher Secondary School
Rep. by its Principal,
Karanampettai - Somanur Road,
Samalapuram
Tirupur - 641 663
3. G.S.Ramasamy
4. R.Ramamoorthy
5. M.V.Thangannan
6. T.Chinnasamy
7. A.Velusamy ... Respondents
https://www.mhc.tn.gov.in/judis
C.M.A. Nos.4764, 4769 and 4770 of 2019
Prayer: This Civil Miscellaneous Appeal is filed under Order 43 Rule 1 (R)
of Civil Procedure Code, to set aside the order and decretal order dated
06.09.2019 in I.A.No.513 of 2019 in O.S.No.300 of 2019 on the file of the
Principal District Judge, Tiruppur.
For Appellants : Mr. R.Singaravelan, Senior Advocate for
Mr.B.Nedunchezhiyan
For Respondents : M.J.Mohan, Senior Advocate for
Mr.G.Mutharasu and D.Gopal for R1
R2 and R4 - No Appearance
Mr.C.Iyyappara for R6
Mr.S.Saisathiyajith for R5
Dr.M.Bhuvaneswaran for R7
Mr.S.Ravindran, Senior Advocate for
Mr.D.Raghu for R3
COMMON JUDGMENT
The above Civil Miscellaneous Appeals are filed against the interims
orders dated 06.09.2023 passed in I.A.Nos.511, 512 and 513 2019 in
O.S.No.300 of 2019 by the learned Principal District Judge, Tiruppur.
https://www.mhc.tn.gov.in/judis
C.M.A. Nos.4764, 4769 and 4770 of 2019
2 The appellants are defendants 1 to 7 in the above suit. The
plaintiffs, who are the respective respondents herein have filed a suit for bare
injunction and they have also filed three interlocutory applications seeking
interim injunctions. The learned Principal District Judge, Tiruppur, after
enquiry, by orders dated 06.09.2019 allowed all the applications, against
which, the defendants 1 to 7 have filed the above three civil miscellaneous
appeals.
3 It is submitted by the learned Senior counsel appearing for the
appellants that they are holding officer of the trust only for limited period and
that period is over.
4 It is represented by the learned Senior Counsel for the respective
respondents/plaintiffs that the respondents/plaintiffs are permanent trustees
and hence the election and subsequent election all these things are nothing to
do with the right of permanent trustees.
https://www.mhc.tn.gov.in/judis
C.M.A. Nos.4764, 4769 and 4770 of 2019
5 It is represented that the original suit in O.S.No.300 of 2019 is
pending from the year 2019, pleadings are completed, issues also framed and
it is ripe for trial. However, there was another suit filed challenging
subsequent election also.
6 In view of the above facts and since suit is pending from the year
2019 and the impugned orders are only interim injunctions granted by the
trial Court, without referring any of the documents, these Civil Miscellaneous
Appeals are disposed of on the following terms:
1. The trial Court is directed to commence the trial on 21.09.2023
2. The respondents/plaintiffs are directed to file their proof affidavit on or
before 21.09.2023 after serving the same on the defendants and on
filing such proof affidavits by the plaintiffs, appellants/defendants are
directed to cross examine the witnesses on the same day and at any cost
the cross examination shall not beyond 22.09.2023.
3. The plaintiffs are directed to complete their evidence on or before
29.09.2023 and thereafter, the appellants/defendants are directed to
complete the evidence on or before 10.10.2023.
https://www.mhc.tn.gov.in/judis
C.M.A. Nos.4764, 4769 and 4770 of 2019
4. Thereafter the trial Court is directed to dispose of the suit on or before
18.10.2023 and file report before this Court on 20.10.2023.
5. In case the respondents/plaintiffs are failed to complete the evidence on
or before 29.09.2023, the injunction granted by the trial Court shall
stand vacated automatically without any further reference.
6. Since it is suit for bare injunction, the trial Court shall not entertain any
other petitions
7. In case, there is no Judge in the Court concerned, the Proceeding
Officer who is in-charge of the Court, is directed to take care of this
case and to comply with the order of this Court without fail.
8. There shall be an order of status-quo till 29.09.2023.
7 In view of the disposal of the appeals and in view of the
endorsement made by the learned counsel for the petitioner, the impleading
petitions in CMP Nos.16419, 16421, 16429 of 2023 are dismissed as
withdrawn.
https://www.mhc.tn.gov.in/judis
C.M.A. Nos.4764, 4769 and 4770 of 2019
8 The connected Miscellaneous Petitions in CMP Nos.27465,
27470, 27456, 27484 of 2019 are closed. No costs.
19.09.2023
ksa-2
Index : Yes / No
Speaking Order : Yes / No
Neutral Citation Case : Yes/No
Note:
(1) Issue order copy on 19.09.2023
(2) Send this order copy through any electronic mode to the Court
concerned on 19.09.2023 itself.
To
1.The Principal District Judge, Tiruppur.
2.The Section Officer,
VR Section, High Court, Madras.
https://www.mhc.tn.gov.in/judis
C.M.A. Nos.4764, 4769 and 4770 of 2019
P.VELMURUGAN. J.
ksa-2
C.M.A. Nos.4764, 4769 and 4770 of 2019
19.09.2023
https://www.mhc.tn.gov.in/judis
