M/S.Ponni Charitable Trust v. Chinnasamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2023 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN C.M.A. No.4768 of 2019 and CMP No.27484 of 2019 M/s.Ponni Charitable Trust Rep. by its President M.Subramani Having its Office at No.858, Samalapuram and Post, Tiruppur District ... Appellant Vs.

1. Chinnasamy

2. Thangannan

3. Ramasamy

4. Ramamurthy ... Respondents Prayer: This Civil Miscellaneous Appeal is filed under Order 43 Rule 1 (R) of Civil Procedure Code, to set aside the order and decretal order dated 06.09.2019 in I.A.No.66 of 2019 in O.S.No.52 of 2019, on the file of the Principal District Judge, Tiruppur.

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For Appellant : Mr.R.Singaravelan, Senior Advocate for Mr.B.Nedunchezhian For Respondents : Mr.J.Mohan, Senior Advocate for Mr.M.G.Mutharasu and D.Gopal for R4 Mr.S.Saisathiyajith for R2 Mr.C.Iyyapparaj for R1 Mr.S.Ravindran, Senior Advocate for Mr.D.Raghu for R3

JUDGMENT

The above Civil Miscellaneous Appeal is filed to set aside the order and decretal order dated 06.09.2019 in I.A.No.66 of 2019 in O.S.No.52 of 2019, on the file of the Principal District Judge, Tiruppur.

2. When the matter is taken up for hearing today, it is reported that the President of the appellant Trust died. However, till date, no steps have been taken to implead subsequent Trustees.

3. In view of the above fact and since the appeal is only against the 2/4

order passed in the interlocutory application in the suit and the suit is only for bare injunction, this appeal is dismissed as abates. The parties are at liberty to workout their remedy in the main suit, pending before the trial Court. Consequently, connected Miscellaneous Petition is closed. No costs. 19.09.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No To 1.The Principal District Judge, Tiruppur.

2.The Section Officer, VR Section, High Court, Madras.

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P.VELMURUGAN. J.

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