LAWS(MAD)-2014-7-2

THIRUTHANI ARULMIGU MURUGAN EDUCATIONAL TRUST Vs. S. SARAVANAMUTHU

Decided On July 03, 2014
Thiruthani Arulmigu Murugan Educational Trust Appellant
V/S
S. Saravanamuthu Respondents

JUDGEMENT

(1.) THE Appellants/Applicants/Plaintiffs have preferred these Original Side Appeals as against the common order, dated 11.09.2012, in O.A.Nos.363, 365 to 369 of 2012 in C.S.No.504 of 2011, passed by the Learned Single Judge, in dismissing the Applications.

(2.) THE Learned Single Judge, while passing the common order, in O.A.Nos.363, 365 to 369 of 2012 in C.S.No.504 of 2011, on 11.09.2012, has, inter alia, observed that 'the right of the parties to the trust has to be decided first and the same can be done only after completion of the trial in the suit filed by the Applicants for a declaration declaring them as valid Board of Trustees' and also found that the Respondents are continuing as trustees for the past 12 years and running the Educational institution of the Trust and consequently, dismissed the applications holding that they are not entitled for any relief.

(3.) THE Learned Counsel for the Appellants/Applicants/Plaintiffs submits that the Learned Single Judge had dismissed O.A.Nos.363, 365 to 369 of 2012 without marking documents of both parties as Exhibits in terms of Order 15 Rule 9 and Order 17 Rule 8 of the Rules of the High Court, Madras, Original Side, 1956 read with Rule 44 and 79 of the Civil Rules of Practice.