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Madras High CourtA/3784/2022dismissed

M/S.Gothi Suraa Educational Trust And 4 Others v. Vishal Surana And 4 Others

2022-11-23Honourable Mr Justice C.V. Karthikeyan2 pages

A.No.3784 of 2022 A.No.3784 of 2022 in C.S.No.340 of 2018 C.V.KARTHIKEYAN , J.

This application has been filed seeking to induct and to implead the 5th applicant/third party Mrs.Anupama Bhandari as a further applicant in the present application and also recognize her as a Trustee of the 1st applicant Trust and also to implead her as the 6th defendant in the suit.

2. The ground on which such request has been made is that the 2nd defendant, Bhawarlal Gothi had died on 11.12.2020 and that prior to his death, he had left a testamentary disposition nominating the said applicant, Mrs.Anupama Bandari to be inducted as a trustee with full power.

3. A counter had been filed to this application stating that the details regarding the Will and the date and whether it had been registered or not registered have not been mentioned.

4. It had also been stated that though notice had been issued asking for the copy of the Will, the same has not been complied with by the learned counsel.

5. In the absence of material facts, this application can no longer survive.

https://www.mhc.tn.gov.in/judis 1/2

A.No.3784 of 2022 C.V.KARTHIKEYAN,J.

ssi

7. The application stands dismissed. However, liberty is given to the applicants to file a fresh application seeking to implead the said individual as a further defendant giving details of the Will and also filing a copy of the document along with that application.

23.11.2022 ssi A.No.3784 of 2022 in C.S.No.340 of 2018 https://www.mhc.tn.gov.in/judis 2/2