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Madras High CourtA/6027/2022dismissed

The Official Trustee Of Tamilnadu v. Mrs.Wahitha

2024-08-22Honourable Mr Justice S. S. Sundar3 pages

in T.O.S.No.40 of 1995 S.S. SUNDAR , J.

A.No.6027 of 2022 is filed to direct the respondent to quit and deliver the vacant possession of 1428 sq.ft. at Door No.29/30, Ground Floor, Padmanaban Street, T.Nagar, Chennai - 600 017. 2.A.No.6029 of 2022 is filed to direct the applicant to take over the vacant possession through Police force, if the respondent fails to hand over vacant possession of the property.

3.These applications are filed by the learned Administrator General and Official Trustee of Tamil Nadu ("AG & OT" for brevity) representing the Deputy AG & OT, who was appointed as Administrator of the property in the proceedings in T.O.S.No.40 of 1995, during the pendency of the suit for declaration in C.S.No.757 of 2007. 4.It is now reported that the said suit in C.S.No.757 of 2007 with a prayer for declaration that the suit property is the property of Trust, is dismissed. In view of the same, the appointment of Official Trustee or

the Deputy AG & OT as Administrator of the property, is not necessary. 5.Accordingly, A.Nos.6027 & 6029 of 2022 are dismissed as unnecessary.

6.As regards A.No.6028 of 2022, which is filed by the learned AG & OT for damages, the learned AG & OT is directed to file a statement before this Court as to the amount received so far and the amount that is now available with them under any account, so that this Court will pass appropriate orders.

7.List the application in A.No.6028 of 2022 on 05.09.2024. 22.08.2024 mkn

S.S. SUNDAR , J.

mkn in T.O.S.No.40 of 1995 22.08.2024