Madras High CourtAS/498/2013disposed of

K.M.Ramasamy Chettiar Trust v. Jaya Alias Thaiyalnayagi

2021-02-03Honourable Mr Justice T.Raja,Honourable Mr Justice G. Chandrasekharan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.02.2021

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN A.S. No.498 of 2013 and C.M.P. Nos.6811 of 2019 & 4579 of 2020 K.M.Ramasamy Chettiar Trust by its Trustee R.Venkatrangan ... Appellant/Plaintiff -vs1.Jaya alias Thaiyalnayagi 2.Kumaravel ... Respondents/Defendants Prayer: Appeal Suit filed under Section 96 r/w Order 41 Rule 1 of Civil Procedure Code against the judgment and decree dated 31.07.2013 in O.S. No.3 of 2012 on the file of the First Additional District and Sessions Judge, Cuddalore. For Appellant : Mr.R.Subramanian For Respondents: Mr.Vijayakumar, for Mr.P.Kannankumar

JUDGMENT

(Judgment of the Court was made by T.RAJA,J.) This appeal has been filed against the judgment and decree dated 31.07.2013 in O.S. No.3 of 2012 on the file of the First Additional District and Sessions Judge, Cuddalore dismissing the suit filed for declaring that the plaintiff as the sole trustee of 'K.M.Ramasami Chettiar Trust' and for permanent injunction restraining the defendants from in any manner interfering with plaintiff's right to manage the above trust and its properties as sole trustee and for recovery of possession of Item -1 of Schedule B properties.

2.When the matter is pending, a joint memo dated 01.02.2021 has been filed by the appellant and the first respondent stating that the appellant and the first respondent mutually agrees to enhance the yearly rent payable in respect of item No.1 of the 'B' schedule property in the suit from Rs.5,000/- to Rs.7,500/- prospectively and the same is also going to be used for https://hcservices.ecourts.gov.in/hcservices/

K.M.Ramasamy Chettiar Trust for doing kangariyams and rituals. 3.Since the parties have settled the matter out of the Court, we are inclined to dispose of the Appeal. Accordingly, the appeal stands disposed of in terms of the above joint memo, which shall form part of the decree. No costs. Consequently, connected C.M.Ps are closed.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar vga To 1.The I Additional District and Sessions Judge, Cuddalore.

+2cc to Mr.R.Subramanian, Advocate, S.R.No.6105 A.S. No.498 of 2013 and C.M.P. Nos.6811 of 2019 & 4579 of 2020 BR(CO) CB(14/09/2021) https://hcservices.ecourts.gov.in/hcservices/