M/S.Ponni Charitable Trust vs Chinnasamy
2023 Latest Caselaw 12730 Mad

                                                                               C.M.A. No.4768 of 2019


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 19.09.2023

                                                         Coram:

                                  THE HONOURABLE MR. JUSTICE P.VELMURUGAN

                                             C.M.A. No.4768 of 2019 and
                                              CMP No.27484 of 2019

                   M/s.Ponni Charitable Trust
                   Rep. by its President
                   M.Subramani
                   Having its Office at No.858, Samalapuram and Post,
                   Tiruppur District                                        ... Appellant
                                                           Vs.
                   1. Chinnasamy
                   2. Thangannan
                   3. Ramasamy
                   4. Ramamurthy                                          ... Respondents


                   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.66 of 2019 in O.S.No.52 of 2019, on the file of the
                   Principal District Judge, Tiruppur.




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                                                                                     C.M.A. No.4768 of 2019




                                   For Appellant       : Mr.R.Singaravelan, Senior Advocate for
                                                        Mr.B.Nedunchezhian


                                   For Respondents : Mr.J.Mohan, Senior Advocate for
                                                        Mr.M.G.Mutharasu and D.Gopal for R4
                                                        Mr.S.Saisathiyajith for R2
                                                        Mr.C.Iyyapparaj for R1
                                                        Mr.S.Ravindran, Senior Advocate for
                                                       Mr.D.Raghu for R3




                                                       JUDGMENT

The above Civil Miscellaneous Appeal is filed to set aside the order

and decretal order dated 06.09.2019 in I.A.No.66 of 2019 in O.S.No.52 of

2019, on the file of the Principal District Judge, Tiruppur.

2. When the matter is taken up for hearing today, it is reported that the

President of the appellant Trust died. However, till date, no steps have been

taken to implead subsequent Trustees.

3. In view of the above fact and since the appeal is only against the

https://www.mhc.tn.gov.in/judis C.M.A. No.4768 of 2019

order passed in the interlocutory application in the suit and the suit is only for

bare injunction, this appeal is dismissed as abates. The parties are at liberty to

workout their remedy in the main suit, pending before the trial Court.

Consequently, connected Miscellaneous Petition is closed. No costs.

                                                                                         19.09.2023

                  ksa-2
                  Index        : Yes / No
                  Speaking Order : Yes / No
                  Neutral Citation Case : Yes/No


                   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. No.4768 of 2019

P.VELMURUGAN. J.

ksa-2

C.M.A. No.4768 of 2019

19.09.2023

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