R.Rakesh v. M/S Meeenakshi Ammal Trust
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 07.08.2024
CORAM:
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN 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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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.A.E.Ravichandran For D1 to D5 : Mr.M.S.Krishnan, Senior Counsel for Mr.R.Bharath Kumar ********* 2/5
J U D G M E N T
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. 3/5
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 4/5
RMT.TEEKAA RAMAN ,J.
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