C PADMAVATHI Vs. K T ANBALAGAN

JUDGEMENT

(1.) The appellant/ninth defendant, who is the applicant in Application Nos.2162 and 379 of 2012, being aggrieved against the common order passed by the learned single Judge dated 08.11.2012 in dismissing those applications, has filed these Original Side Appeals.

(2.) Jai Bharath Charitable Trust was constituted by a Deed of Trust dated 28.12.1994. Alleging huge misappropriation and mal-administration, the plaintiffs filed a suit in C.S.No.294 of 2003 for a declaration and also for framing a Scheme to administer the Trust and render accounts under Section 92 of the Civil Procedure Code.

(3.) As the Administrator appointed by this Court resigned, by a subsequent order dated 24.10.2003 the present Administrator was appointed. The present Administrator is a retired Judge of the Honourable High Court whose honesty and integrity is rather well known. However, the defendants took the order dated 24.06.2003 on appeal. In O.S.A.Nos.235, 237 and 294 of 2003, a Division Bench of this Court modified the order of the learned single Judge. The Administrator took charge on 22.12.2003. The plaintiffs approached the Apex Court challenging the order of the Division Bench of this Court. The Honourable Apex Court restored the order passed by the learned single Judge by setting aside the directions issued by the Division Bench of this Court. One of the defendants viz., Shri Jayamohan was punished for contempt on an application filed by the learned Administrator in Cont.P.No.818 of 2004. The learned Administrator was also granted protection by the order of this Court as he and his family were facing life threat. By an order dated 29.03.2011, the appellant and the eighth defendant in the suit were impleaded as defendants 9 and 8 respectively.