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Madras High CourtOSA/309/2025dismissed

C.Sankaralingam v. Chennaivazh Thiruthangal Hindu Nadar

2025-09-24Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice Mohammed Shaffiq5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-09-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

1. C.Sankaralingam 2.T.A.Velmurugan 3.K.Senthil Chinnadurai Appellant(s) Vs

1. Chennaivazh Thiruthangal Hindu Nadar Uravinmurai Dharma Fund, Regn.No.114/1960 Represented By its Secretary Mr.D.Subbiah, Having Office At No.113, P.A.N.Rajarathinam Salai, Old Wadhermanpet, Chennai 21 Respondent(s) PRAYER To set aside the Common Order dated 26.08.2025 made in A.No.2392 of 2025 in CS.No.87 of 2024 on the file of this Court.

For Appellant(s):

Mr.T.P.Prabakaran

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The present Original Side Appeal has been instituted to assail the order dated 26.08.2025 passed in Application No.2392 of 2025 in CS.No.87 of 2024.

2. The appellants before this Court are the defendants in the Civil Suit. The suit has been instituted by the respondent herein for defamation and to pay damages. The consequential relief sought for is permanent injunction. The defendants moved an application before the learned Single Judge to remove the present managing committee of the respondent society and appoint an Administrator to manage the affairs of the respondent society pending disposal of the civil suit.

3. Learned Single Judge found that the relief sought for in the application is beyond the suit relief sought for in the plaint. That apart, the suit has been instituted for defamation and to pay damages, and in such circumstances, the defendants cannot file an application for appointment of an Administrator to run the administration of the respondent society.

4. We are in agreement with the learned Single Judge that the interim relief cannot be granted beyond the scope of the main relief sought for in the

suit. That apart, the suit is for defamation and thus, the relief sought for in the application has been rightly rejected, and this Court does not find any infirmity in the order dated 26.08.2025 passed in Application No.2392 of 2025 in CS.No.87 of 2024.

5. Accordingly, the Original Side Appeal stands dismissed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.SUBRAMANIAM J.)(MOHAMMED SHAFFIQ J.) 24-09-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.Chennaivazh Thiruthangal Hindu Nadar Uravinmurai Dharma Fund, Regn.No.114/1960 Represented By Its Secretary Mr,D.Subbiah, Having Office At No.113, P.A.N.Rajarathinam Salai, Old Wadhermanpet, Chennai 21

S.M.SUBRAMANIAM J.

AND MOHAMMED SHAFFIQ J.

gd 24-09-2025