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Madras High CourtA/544/2020allowed

Islamic Medical And Educational Foundation, A Charitable Trust v. No Respondent

2020-02-11Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 11TH DAY OF FEBRUARY 2020 THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY A.NO.544 OF 2020 IN C.S.DIARY NO.6509 OF 2020 ISLAMIC MEDICAL AND EDUCATIONAL FOUNDATION, A CHARITABLE TRUST Having Office at No.22 Harrington Road, Chetpet, Chennai 600 031 represented by its Trustee Dr.(Mrs.) Ayesha ..APPLICANT/Plaintiff Application praying that this Hon'ble Court be pleased to grant leave to the Plaintiff / Applicant to file the present suit.

Application coming on this day before this court for hearing and the Court made the following order: This application is filed under Section 92 of the Code of Civil Procedure for permission to file a suit for the purpose of bringing one of the Trust properties to sale.

2. I heard the learned counsel for the applicant/plaintiff.

3. The learned counsel for the applicant submitted that the applicant is a Charitable Trust represented by one of its Trustees, namely Dr. (Mrs.) Ayesha. He further states that the property was purchased by the Trust. The said property was constructed as early as in the year 1966 and, https://hcservices.ecourts.gov.in/hcservices/ therefore, is not in a good condition. In addition, one of

the Trustees is settled in Tiruvarur and is running an Educational Institution and the applicant and her husband are both aged about 71 years and 81 years respectively. Consequently, he submits that it is proposed to bring the property for sale so as to utilize the sale proceeds for the objectives and purposes of the Trust.

4. Upon considering the submissions of the learned counsel and on examining the affidavit in support of the application, I find that the applicant has made out a case for grant of leave to file the present suit.

5. Accordingly, this application is allowed and the applicant is permitted to institute the proposed suit before this Court.

Sd/-S.K.R.J.

11.02.2020 //Certified to be true copy// Dated at Madras this the day of 2020. COURT OFFICER(O.S.) Su.14.02.2020 From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

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