G JAYAPARAKASH Vs. L BALAKRISHNAN; R KALYANASAMY; HEAD MASTER, M N M HIGH SCHOOL; DISTRICT EDUCATIONAL OFFICER, DISTRICT EDUCATIONAL OFFICE, POLLACHI TOWN, COIMBATORE DISTRICT; DISTRICT COLLECTOR, DISTRICT COLLECTOR S OFFICE

JUDGEMENT

(1.) Challenge in this appeal suit is to the judgment and decree dated 30-06-2011 passed in O.S.No.168 of 2009 by the Additional District Judge/ Fast Track Judge No.1, Coimbatore.

(2.) The respondents 1 and 2 herein as plaintiffs have instituted O.S.No.168 of 2009 on the file of the Trial Court under Section 92 of the Code of Civil Procedure, 1908 praying to appoint a new Trustee in respect of the School, mentioned in the plaint wherein the present appellant has been shown as first defendant.

(3.) The material averments made in the plaint are that the School, mentioned in the plaint is situate in survey No.183/1A Sirukalandhai Village and the same has been managed from the year 1958 by one Society viz., Jakkarpalayam Araneri Kazhagam. The father of the first defendant by name Govindaraj Naidu has managed the School till his demise on 03-11-2008, as a Secretary. During his tenure, he committed so many errors by way of selling Trust properties to various persons and thereby, he has given only mismanagement and further, the said Araneri Kazhagam has also been dissolved. Under the said circumstances, the present suit has been instituted for the relief sought in the plaint.