R. LAKSHMI Vs. NIL

JUDGEMENT

(1.) This Civil Revision Petition is filed as against the order passed by the learned District Judge, Sivagangai in Trust O.P.No.1 of 2011. The petitioner in the Trust O.P was one R.Lakshmi. It is seen in the pleadings of the said Trust O.P that R.Lakshmi, W/o.Ramalingam, who has preferred this Civil Revision Petition has succeeded to the office of the Trust, namely, Ramalingaswamy Mutt as the Trustee. During the pendency of this Civil Revision Petition, R.Lakshmi died in the year 2015 and the petitioner P2, one R.Velmurugan, son-in-law of Ramalingam (daughter's husband) was recorded as the legal heir of the deceased sole petitioner as per the order of this Court dtd. 29/10/2015 made in M.P(MD)No.1 of 2015 in C.R.P(MD)No.1540 of 2014. There is no respondent in both the Trust O.P.No.1 of 2011 as well as in C.R.P(MD)No.1540 of 2014.

(2.) The Trust O.P was filed by the first petitioner under Sec. 34 of the Indian Trusts Act, 1882 seeking the permission of the learned District Judge, Sivaganga to permit the petitioner, the trustee of Ramalingaswamy Trust, Thirupachetty North Village, Manamadurai Taluk, Sivagangai District to dispose of the 'A' and 'B' Scheduled property in the Trust O.P., consisting two items of properties in 'A' Schedule and one item of property in 'B' Schedule in favour of one Durai son of K.Duraisamy of Keel Melkudi Village, Manamadurai Taluk or any other competent person for a reasonable and justifiable price and to invest the same in financial institutions for the purpose of augmenting the income of the said trust.

(3.) The factual matrix of the Trust O.P is culled out as follows from the petition filed by the first petitioner herein, before the learned District Judge's Court, Sivagangai: