Satharasala Venkatachellum Chetty Charities v. Sathrasala Sharath Babu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.08.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE K. RAJASEKAR C.M.P.Nos.18493, 18494, 18605 & 18608 of 2023 1.Satharasala Venkatachellum Chetty Charities, Represented by its Secretary, New No.11, Old No.4, Kasi Chetty Lane, III Floor, Sowcarpet, Chennai - 600 079.

2.Suneetha Suresh ... Appellants in both appeals Vs.

1.Sathrasala Sharath Babu Trustee (Terminated) Sathrasala Venkatachellum Chetty Charities, No.110, Pondy Bazaar, Ranga Complex, T.Nagar, Chennai - 600 017.

2.Sathrasala Shaminath Trustee (Terminated) Sathrasala Venkatachellum Chetty Charities, No.110, Pondy Bazaar, Ranga Complex, T.Nagar, Chennai - 600 017.

Sathrasala Sugunakar (deceased 2nd defendant) 3.Manmohan President - Trustee Sathrasala Venkatachellum Chetty Charities, No.8/56, Bhakvatsalam Colony, 1st Street, Vadapalani, Chennai - 600 026.

Kannudu (deceased 4th defendant) 4.Seshadri, Trustee (Resigned) Sathrasala Venkatachellum Chetty Charities, No.74/55, 1st Street, First Floor, Chinnamettu Palayam, Tiruvottiyur Post, Kaladipet, Chennai - 600 019.

5.Arun Kumar Trustee (Resigned) Sathrasala Venkatachellum Chetty Charities, No.85/51, Sannathi Street, Kaladi Pet, Chennai - 600 019. 6.E.Sudarsan, Trustee (Resigned) Sathrasala Venkatachellum Chetty Charities, No.62/33, First Floor, Venkata Rama Iyer Street, Kondithope, Chennai - 600 079.

7.Sathrasala Suresh Khanna Residing at F-6, Gokul Adharsh Apartments, 69/45, 7th Avenue, Ashok Nagar, Chennai - 600 083.

... Respondents in both appeals

Original Side Appeals in O.S.A.Nos.148 and 149 of 2023 filed under Order XXXVI Rule 1 of Original Side Rules r/w. Clause 15 of the Letters Patent against the order dated 05.06.2023 in A.Nos.2186 and 322 of 2023 respectively in C.S.No.678 of 2019 on the file of this Court. For Appellants :

Mr.S.Sathish Kumar in both appeals For R1 and R2 :

Mr.G.R.M.Palaniappan in both appeals For R7 :

Mr.E.Prabhu in both appeals C O M M ON J U D G M E N T (Judgment was delivered by S.S. SUNDAR, J.) These Original Side Appeals are directed against the common order dated 05.06.2023 made in Interlocutary Applications in A.Nos.2186 and 322 of 2023 in C.S.No.678 of 2019, appointing an Administrator to control and administer the properties of the Trust.

2.When the matter was taken up for hearing, the learned counsel on either side have reported that these appeals may be disposed of without deciding any issue on merits, with a direction to the Hon'ble trial Judge to dispose of the main suit in C.S.No.678 of 2019 filed by the respondents 1 and 2, as expeditiously as possible.

3.Therefore, recording the submission of learned counsel appearing on either side, these Original Side Appeals are disposed of with a direction to the Registry to put up the suit in C.S.No.678 of 2019 in the regular course so that the suit may be disposed of on merits after completion of trial as expeditiously as possible. No costs. Consequently, connected miscellaneous petitions are closed.

(S.S.S.R., J.) (K.R.S., J.) 09.08.2024 Internet : Yes Index : Yes / No

S.S. SUNDAR , J.

K. RAJASEKAR , J.

09.08.2024

S.S. SUNDAR , J.

K. RAJASEKAR, J.

[Order of the Court was made by S.S. SUNDAR, J.] Today, the matter is listed under the caption "for being mentioned". 2.During the course of hearing, it was agreed by parties that the parties will maintain status quo as on date till the disposal of the suit in C.S.No.678 of 2019. The learned counsel appearing on either side then submitted that a direction may also be issued to expedite the trial and to dispose of the suit within a period stipulated by this Court. 3.Considering the submissions of the learned counsel on either sides, this Court is inclined to modify Para No.3 of the common judgment dated 09.08.2024 in O.S.A.Nos.148 and 149 of 2023. Accordingly, the following paragraph shall be substituted in the place of Para No.3 in the judgment dated 09.08.2024 in O.S.A.Nos.148 and 149 of 2023. "3.Since the parties agree for early disposal of the suit and

that status quo will be maintained by the parties till the disposal of the suit, these Original Side Appeals are disposed of with the following directions :

(a) The suit in C.S.No.678 of 2019 shall be listed for trial within a period of three months from the date of receipt of a copy of this judgment and there shall be endurance by Court to dispose of the same on merits, as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this judgment.

(b)The parties are directed to maintain status quo as on date till the disposal of the suit.

(c) There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed." (S.S.S.R., J.) (K.R.S., J.) 13.08.2024

S.S. SUNDAR , J.

K. RAJASEKAR, J.

13.08.2024