SRIMATH RAMALINGA SWAMIGAL MADALAYAM Vs. K. JAYAPRAKASH

JUDGEMENT

(1.) This Civil Revision Petition challenges the Order of the District Munsif, Thiruvottiyur in O.S.SR. No.105 of 2023, dtd. 2/9/2023.

(2.) O.S.SR. No.105 of 2023 had been presented for the relief of Permanent Injunction restraining the Defendants 1 to 4 from interfering with the peaceful possession and enjoyment of the Trust under the name and style of "Srimath Ramalinga Swamigal Madalayam alias Perumal Swamigal Trust" situated at Old No.4, New No.11, Pattinathar Koil Street, Thiruvottiyur, Chennai-600 019, through the President or other Trustees as per the Will executed by Mr. Perumalsamy. The Suit also seeks for Mandatory Injunction directing the Fifth Defendant not to disburse the amounts deposited in the name of aforesaid Trust and for other reliefs.

(3.) The cause of action for the Suit pleads that one Perumalsamy, son of Narayanasamy Konar, was an ardent devotee of the great saint Vallalar Swamigal. He created the Trust under the name and style of "Srimath Ramalinga Swamigal Madalyam" on 26/1/1937. The "Will" executed by him has obtained a Certificate of Probate from this Court in O.P. No.287 of 1958, dtd. 19/2/1959. In terms of the "Will", five Trustees were appointed and the Trustees have decided to register a Trust on 11/12/2012. The Trust was commenced and an account was also opened with the Fifth Defendant-Bank. Thereafter, pandemonium prevailed and the Trust has been mired in litigation.