LAWS(MAD)-2024-3-482

THATHA SAMPATH KUMAR Vs. T. SUDHARSAN

Decided On March 21, 2024
Thatha Sampath Kumar Appellant
V/S
T. Sudharsan Respondents

JUDGEMENT

(1.) These four appeals are directed against the orders of the learned Single Judge granting injunction restraining the 1st appellant from functioning as Trustee, appointing the 2nd respondent as the Trustee of the 5th respondent Trust, dismissing an application to revoke the leave and application to vacate the injunction granted in O.A.No.37 of 2019 in C.S.No.37 of 2019.

(2.) These proceedings arose in a suit in C.S.No.37 of 2019 filed under Sec. 92 of the Code of Civil Procedure seeking to remove the 1st defendant as a Trustee and for an injunction restraining him from functioning as a Trustee. Leave under Sec. 92 was granted by this Court on 7/1/2019. This Court had also found that there is a prima facie case and has granted an injunction in OA.No.37 of 2019.

(3.) The 1st defendant in the suit/ the appellant herein had filed two applications in A.No.1979 of 2019 seeking to vacate the injunction in OA.No.37 of 2019 and an application in A.No.1400 of 2019 seeking to revoke the leave granted to institute the suit in A.No.93 of 2019. The other two applications are filed by the plaintiffs in the suit/ respondents 1 to 4 in the appeal to appoint the 2nd respondent/ 2nd plaintiff as a Trustee and to injunct the 1st defendant/ 1st appellant from functioning as a Trustee.