R.Rakesh vs /
2024 Latest Caselaw 15317 Mad

Madras High Court

R.Rakesh vs / on 7 August, 2024

                                                                           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

                     1.R.Rakesh
                     2.Dr.G.Ra.Gokul
                     3.Dr.K.P.Gautam Srinivas
                     4.Dr.K.P.Arvind Srinivas
                                                                           .. Plaintiffs
                                                     /versus/

                     1.M/s.Meenakshi Ammal Trust,
                       Represented by its Founder Trustee,
                       Having office at
                       No.61, (Old No.641),
                       Ramasamy Salai,
                       K.K.Nagar, Chennai - 600 078.

                     2. M/s.Meenakshi Academy of Higher Education & Research Trust,
                        Represented by its Founder Trustee,
                        Having office at
                        No.61, (Old No.641),
                        Ramasamy Salai,
                        K.K.Nagar, Chennai - 600 078.

                     3. M/s.Sri Muthukumaran Educational Trust
                        Represented by its Founder Trustee,
                        No.61, (Old No.641),
                        Ramasamy Salai,
                        K.K.Nagar, Chennai - 600 078.


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                                                                                  C.S.No.26 of 2023

                     4. Mrs.R.Gomathi
                        Founder Trustee,
                        M/s.Meenakshi Ammal Trust,
                        No.61, (Old No.641),
                        Ramasamy Salai,
                       K.K.Nagar, Chennai - 600 078.

                     5. Mrs.Jayanthi Radhakrishnan,
                        Hereditary Trustee,
                        M/s.Meenakshi Ammal Trust,
                        No.61, (Old No.641),
                        Ramasamy Salai,
                        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.N.Anbazhagan
                                      For D1 to D5          : Mr.M.S.Krishnan,
                                                   Senior Counsel for Mr.R.Bharath Kumar
                                                    *********


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                                                                                C.S.No.26 of 2023




                                                   JUDGMENT

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.

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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





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                                  RMT.TEEKAA RAMAN,J.

                                                         nvi









                                               07.08.2024


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