C.A. BAALU Vs. ADDEPALLI KANDASWAMY CHETTY

JUDGEMENT

(1.) The present Petition is filed under Sec. 7 of the Charitable and Religious Trusts Act, 1920, in the matter of the Addepalli Kandaswamy Chetty and Chenchu Venkatasubhu Guruvajamma Charitable Trust.

(2.) (a) The Petitioners have filed this Application seeking the relief of declaration and declaring the documents and encumbrances created over the Schedule mentioned property, misinterpreting the Order, dtd. 30/1/2008 in O.P. No.31 of 2008 passed by the learned Principal Judge, City Civil Court at Chennai, as null and void and not binding on the Petition schedule property.

(3.) (a) In the Original Application, as per the Judge's Summons under Order 14, Rule 8 of O.S. Rules read with Order 39, Rule 1 & 2 of C.P.C., it was prayed that an order of Ad-interim Injunction restraining the Respondents 6 to 9 from creating any encumbrance over the property, putting up any construction or altering the physical features of the property bearing Door No.91, New No.53 & 15, Kumarappa Mudali Street, Nungambakkam, Chennai-600 034, more fully described in the schedule to the Petition.