G. Saraswathi v. B. Kalavathy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.02.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY C.S.

No.361 of 2019 & O.A.No.584 of 2019 1.G.Saraswathi 2.R.Parimala 3.G.Purushothaman ... Plaintiffs vs.

1.B.Kalavathy 2.V.Babu 3.G.Hemamalini 4.Mrs.Sakunthala 5.Mrs.Sarama 6.Tamilaka Meignana Seva Thirusabai Trust Rep. by its Trustees No.5, A.Abusali Street, Saligramam, Chennai-93.

... Defendants 1/4

PRAYER: Plaint filed under Section 92 of C.P.C. and Order IV Rule 1 Original Side Rules prayed for Judgment and Decree:-

(1) Removal of the 2nd defendant from the trustee as per the trust deed dated 15.10.1999, Vide Doc.No.1232/1999;

(2) Fill up the vacancy of the trustees in the trust deed dated 15.10.1999, vide Doc.No.1232/1999 from the family of the Founder K.R.Ganesan;

(3) Directing the 2nd defendant to render accounts of the trust namely as Tamilaka Meignana Seva Thirusabai Trust to all the Trustees;

(4) Permanent injunction restraining the defendants 4 & 5 from claiming right over the temples as founder belongs to the Tamilaka Meignana Seva Thirusabai Trust;

(5) Mandatory injunction directing the defendants 4 & 5 from removing the inscription stone in the wall of said temple fixed by them at Sri Sakthi PuthuKarumariamman Alayam at No.5.A.Abusali Street, Baskar Colony, Saligramam, Chennai-93; and

(6) directing the defendants to pay the costs of the suit. 2/4

For Plaintiffs : No Appearance **********

J U D G M E N T

By order dated 05.01.2023, it was recorded that learned counsel for the plaintiffs had no instructions from the plaintiffs. Therefore, notice was issued to the plaintiffs. The bailiff has filed a report indicating that notice could not be served on the plaintiffs as there is no such person at the address provided in the cause title. There has been no representation for the plaintiffs at the hearings on 05.01.2023, 02.02.2023 and at the hearing today.

2. In these circumstances, C.S.No.361 of 2019 is dismissed for nonprosecution. Consequently, connected application is closed. There will be no order as to costs.

16.02.2023 kal Index : Yes / No Internet : Yes / No 3/4

SENTHILKUMAR RAMAMOORTHY,J kal C.S.

No.361 of 2019 & O.A.No.584 of 2019 16.02.2023 4/4