V RAJKUMAR (DIED) Vs. R V GURUSAMY NAIDU

JUDGEMENT

(1.) The Civil Revision Petitions are filed against the fair and decretal order dated 03.12.2012 made in I.A.Nos.600 and 601 of 2012 in O.S.Nos.421 and 403 of 2006 on the file of IV Additional District Court, Coimbatore.

(2.) The petitioners 2 to 4 are the legal heirs of one V.Rajkumar, the first plaintiff in O.S.No.421 of 2006 and O.S.No.403 of 2006 on the file of IV Additional District Court, Coimbatore. Pending Civil Revision Petitions, the said Rajkumar died and the petitioners 2 to 4 were brought on record as legal heirs of the deceased Rajkumar vide order dated 26.02018 made in C.M.P.Nos.4954 and 4955 of 2013 in C.R.P.Nos.4862 and 4863 of 2013 respectively. The said Rajkumar and one Manoharan filed two suits O.S.Nos.421 and 403 of 2006 against R.V.Gurusamy Naidu Educational Trust and G.Ramasamy Naidu Charitable Trust, first respondents in C.R.P.Nos.4862 and 4863 of 2013 respectively, respondents 2 and 3 and other defendants claiming permanent injunction restraining the second respondent, the intermiddler from in any way acting as the Trustee or Managing Trustee or Secretary of the first respondents' Trust and for a direction to the respondents 2, 3 & 6th defendant to handover all the records, books of accounts, properties, minute books, bank dealings etc. of the first respondents Trust to the first plaintiff/deceased Rajkumar and other reliefs.

(3.) The plaintiffs filed applications I.A.No.344 of 2006 in O.S.No.421 of 2006 and I.A.No.997 of 2006 in O.S.No.403 of 2006 under Section 92 C.P.C. for leave to file the suits. In I.A.No.997 of 2006 in O.S.No.403 of 2006, leave was granted on 208.2006. In O.S.No.421 of 2006, an application under Section 92 C.P.C. has been filed and it was numbered as I.A.No.1017 of 2006 earlier, in which, notice was ordered on 04.09.2006. While the suits and applications are pending, the plaintiffs filed various applications for various reliefs mentioned therein. The respondents in C.R.P.No.4862 of 2013 filed I.A.No.600 of 2012 in I.A.No.344 of 2009 (earlier application I.A.No.1017 of 2006) in O.S.No.421 of 2006 to hear I.A.No.344 of 2009 first. The respondents in C.R.P.No.4863 of 2013 filed I.A.No.601 of 2012 in O.S.No.403 of 2006 to hear I.A.No.716 of 2011 (earlier I.A.No.34 of 2007) to revoke the leave already granted to the plaintiffs at the first instance before hearing the other applications.