Vasantha Ramasamy vs A.M.Apparswamy Temple
2024 Latest Caselaw 21048 Mad

Madras High Court

Vasantha Ramasamy vs A.M.Apparswamy Temple on 5 November, 2024

                                                                                  S.A. No. 722 of 2012

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 05.11.2024

                                                           CORAM

                                   THE HONOURABLE Ms. JUSTICE R.N.MANJULA

                                                     S.A. No. 722 of 2012

                   1.Vasantha Ramasamy
                   2. Pugazhendhi                                                   ...Appellants
                                                             Vs.
                   A.M.Apparswamy Temple
                   Rep. By its Sole Hereditary Trustee
                   P.R.Sathish Kumar
                   No.171, Royapettah High Road
                   Mylapore, Chennai-4.                                            ...Respondent
                   (The Hereditary Trustee of the Temple is
                   substituted as P.R.Sathish Kumar instead of
                   P.V.Rajkumar (deceased) vide Court order
                   dated 06.09.2024 made in C.M.P. No. 2305
                   of 2022 in S.A. No .722 of 2012)



                   PRAYER: Second Appeal is filed under section 100 of the Code of Civil
                   Procedure, 1908, to set aside the judgment and decree dated 12.10.2011 made
                   in A.S. No. 379 of 2010 on the file of the VI Additional City Civil Court,
                   Chennai, confirming the judgment and decree dated 29.06.2010 made in O.S.
                   No. 1383 of 2009 on the file of the VI Assistant City Civil Court, Chennai.
                                    For Appellant      :     Mr.T.Arulraj

                                    For Respondent     :     Mr.G.Sugumaran

                   1/4
https://www.mhc.tn.gov.in/judis
                                                                                     S.A. No. 722 of 2012




                                                         JUDGMENT

The appeal has been filed only by raising the following questions, by

claiming that they are substantial questions of law. For a better clarification

the questions raised by the appellant are extracted below:-

(1) Whether the suit trust is private or public religious and

charitable trust?

(2) If the suit is only private trust, whether the suit is

maintainable in law?

The very questions itself would indicate that they are complete questions of

fact and they do not involve anything about law. As the second appeal cannot

be maintained on the pure question of facts, the second appeal is dismissed.

No costs.

05.11.2024

Index : Yes/No Speaking order : Yes/No NCC : Yes/No Maya

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

To

1. The Judge, VI Additional City Civil Court, Chennai.

2. The Judge, VI Assistant City Civil Court, Chennai.

3. The Section Officer, V.R. Section, High Court, Madras.

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

R.N.MANJULA, J.

Maya

05.11.2024

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