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Madras High CourtA/6821/2010disposed of

Thatha Ilayalwar Chetty v. Shantila M. Bhayani

2023-03-16Honourable Ms Justice R.N.Manjula2 pages

A.Nos.6821 and 6822 of 2010 in C.S.No.189 of 1922 A.Nos.6821 and 6822 of 2010 in C.S.No.189 of 1922 R.N.MANJULA,J.

These petitions have been filed, seeking to substitute the name of 'A.Sudhakar' who claims himself as the present trustee of the plaintiff Trust by name 'Thatha Ilayalwar Chetty Charities' in the place of P.Kanniah Chetty in Application Nos.4078 and 4079 of 2008.

2. The records would show that the said A.Sudhakar was appointed as one of the trustees on 17.06.2002, as per the Scheme of the Trust framed by the High Court in C.S.No.189 of 1922 by the other two trustees viz., Pabbi Chetty and P.Kanniah Chetty and that he is the third trustee.

3. In the year 2008, the third party has filed two applications in A.Nos.4078 and 4079 of 2008 seeking certain reliefs. Pending the same, one of the trustees, P.Kanniah Chetty had died. Hence, these applications have been filed seeking to substitute the said A.Sudhakar in the place of P.Kanniah Chetty in the third party applications in A.Nos.4078 and 4079 of 2008.

4. Since the said Sudhakar is one of the trustees of the applicant Trust in A.Nos.4078 and 4079 of 2008, his name should be substituted in the place https://www.mhc.tn.gov.in/judis

A.Nos.6821 and 6822 of 2010 in C.S.No.189 of 1922 R.N.MANJULA , J.

vum of deceased trustee viz., P.Kanniah Chetty, in order to proceed further and hence A.Sudhakar is ordered to be substituted in the place of P.Kanniah Chetty in A.Nos.4078 and 4079 of 2008.

5. With the above observation, these petitions are allowed. 16.03.2023 vum A.Nos.6821 and 6822 of 2010 in C.S.No.189 of 1922 (1⁄2) https://www.mhc.tn.gov.in/judis