K V NATARAJAN Vs. K V ANANTHARAJ

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal has been preferred against the Order, dated 11.09.2006 made in I.A.No.273 of 2005 in O.S.No.72 of 2005 on the file of the Principal District Judge, Villupuram.

(2.) THE appellants herein, as plaintiffs filed the suit in O.S.No.72 of 2005 before the trial court, against the respondents, seeking decree of mandatory injunction 1) directing the respondents herein to hand over the possession of the suit property, namely, P.V.Polytechnic College, Tindivanam every alternate year as provided under the compromise deed, dated 11.06.2001. 2) directing the second respondent herein to hand over the Chairmanship of Rajas Educational Trust to the first appellant or his family members every alternate three years, as provided under the compromise deed, dated 11.06.2001 and 3) declaring the resolutions passed by the respondents on 28.03.2004 are null and void.

(3.) MR. T.V. Ramanujam, learned Senior Counsel appearing for the appellants strenuously submitted that the court below has failed to appreciate the compromise deed, dated 11.06.2001, entered into between the parties to the Civil Miscellaneous Appeal. According to the learned Senior Counsel, the first respondent took over the administration of P.V.Polytechnic College and similarly, the second respondent herein took over the Chairmanship of Rajas Educational Trust only by virtue of the compromise deed, dated 11.06.2001 and that the court below has completely ignored the categorical finding of the Division Bench of this Court made in C.M.A.No.564 of 2003. The respondents, who got the benefit out of the compromise deed by taking over the management, cannot subsequently challenge the validity of the compromise deed and file the suit. It was further contended by the learned Senior Counsel appearing for the appellants that the appellants herein were entitled to the interim relief of mandatory injunction as sought for in the Interlocutory Application.