Sri Bala Nanda Educational Trust, v. Balaji Radhakrishnan,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-11-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ C.M.P.No. 27353 of 2025 in O.S.A.No.308 of 2025

1. Sri Bala Nanda Educational Trust, Rep. by its Trustees, M. Balakrishnan, at No.32, State Bank Colony, M.H Road, Perambur, Chennai - 600 011.

and 2 Others

2. M. Balakrishnan, S/o. Muthu Naidu, Founding Trustee, Sri Bala Nanda Educational Trust, No.32, State Bank Colony, M.H Road, Perambur, Chennai - 600 011.

3. B. Nanda, W/o. M. Balakrishnan, Trustee, Sri Bala Nanda Eduational Trust, No.32, State Bank Colony, M.H Road, Perambur, Chennai -600 011.

Appellant(s) Vs

1. Balaji Radhakrishnan, S/o. Radhakrishnan, Residing at 6, Anthony Cir, Nashua, NH, USA 03062, Temporarily residing at C-4, Ashok Suparna, 26/12, 3rd Main Road, Kasturiba Nagar, Adayar, Chennai - 600 020.

2.Santhanalakshmi, W/o. Premchand, Managing Trustee, Sri Bala Nanda Educational Trust, at No.32, State Bank Colony, M.H Road, Perambur, Chennai - 600 011.

3.Thilakavathy, W/o. Balaji Radhakrishnan, C-4, Ashok Suparna, 26/12, 3rd Main Road, Kasturiba Nagar, Adayar, Chennai - 600 020.

4.Raji, W/o. Muralidhar Mohan Trustee, Sri Bala Nanda Educational Trust, 16163 Westminister Dr. Northvillie, MI USA 48168.

5.K.N.Deenadayalan, S/o K. Narayanasamy Naidu Trustee, Sri Bala Nanda Educational Trust, Plot No.L-1, New No.L-32, 26th Street, Anna Nagar East, Chennai - 600 102.

Respondent(s)

PRAYER To modify the order passed in OSA.No.308/2025, Dated 25.09.2025 and pass specific order mentioning the order of attachment passed in O.A.No.2675/2024 in C.S.No.120/2024, Dated 06.01.2025 is raised and the same may be recorded in the records of the Registering Authority in the records relating to the attached property and to pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice.

For Appellants:

Mr.T. Karthikeyan For Respondents:

Mr.V.Raghavachari, Sr. Counsel for Mr.Avinash Wadhwani for R1 Mr.Christopher Vijayachandran for R2 ********

ORDER

(Order of the Court was made by S.M.Subramaniam J.) This petition has been filed to modify the order passed in OSA.No.308 of 2025, dated 25.09.2025 and pass specific order mentioning the order of attachment passed in O.A.No.2675 of 2024 in C.S.No.120 of 2024, dated 06.01.2025 is raised and the same may be recorded in the records of the Registering Authority in the records relating to the attached property.

2. The Civil Suit has been disposed of by way of compromise between the parties.

3. The learned counsel for the petitioners would submit that the Registry, High Court is raising objections to raise the attachment, since there is no specific order to that effect in the orders of compromise passed in the Civil Suit.

4. Mr.V.Raghavachari, learned Senior Counsel appearing on behalf of the respondents has no objection to allow the modification petition enabling

the petitioners to release the attached property.

5. In view of the said submission the modification petition stands allowed and the Registry, High Court is directed to release the attached property in New Door No.24, Old Door No.15F, Shanti Nagar 2 nd lane, Madhavaram High Road, Sembium bearing O.S.No.41/2 and 44/1 Part, Sembium Village admeasuring an area of 3110 sq.ft. and property in Survey No.44.44/15 and 59/2 bearing Door No.15J, Shanti Nagar 2 nd Lane, M.H.Raod, Chennai - 11.

(S.M.SUBRAMANIAM J.) (MOHAMMED SHAFFIQ J.) 26-11-2025 dsa

To 1.Balaji Radhakrishnan, S/o. Radhakrishnan, Residing at 6, Anthony Cir, Nashua, NH, USA 03062, Temporarily residing at C-4, Ashok Suparna, 26/12, 3rd Main Road, Kasturiba Nagar, Adayar, Chennai - 600 020.

2.Santhanalakshmi, W/o. Premchand, Managing Trustee, Sri Bala Nanda Educational Trust, at No.32, State Bank Colony, M.H Road, Perambur, Chennai - 600 011.

3.Thilakavathy, W/o. Balaji Radhakrishnan, C-4, Ashok Suparna, 26/12, 3rd Main Road, Kasturiba Nagar, Adayar, Chennai - 600 020.

4.Raji, W/o. Muralidhar Mohan Trustee, Sri Bala Nanda Educational Trust, 16163 Westminister Dr. Northvillie, MI USA 48168.

5.K.N.Deenadayalan, S/o K. Narayanasamy Naidu Trustee, Sri Bala Nanda Educational Trust, Plot No.L-1, New No.L-32, 26th Street, Anna Nagar East, Chennai - 600 102.

S.M.SUBRAMANIAM J.

AND MOHAMMED SHAFFIQ J.

dsa in O.S.A.No.308 of 2025

26-11-2025