KAMALA MUTHIAH Vs. ARTI MEENAKSHI MUTHIAH

JUDGEMENT

(1.) These Original Side Appeals have been filed against the common orders passed by the learned Single Judge in O.A.Nos.126 to 128/2017 and A.Nos.858 to 861/2017 in C.S.No.87 of 2017, dated 28.04.2017.

(2.) The plaintiff is the appellant. The appellant filed a suit for the relief of declaration and permanent injunction and also for appointment of an Administrator for the fourth and fifth respondent Trusts. The suit has been filed mainly on the ground that the first and second defendants are completely mismanaging the running of the schools and are collecting donations without obtaining any permission from the authorities and for which they are not accounting and the schools are run without any facilities and the students have stopped joining the schools as result of which several classes have been closed down and all attempts are being made to close down the schools and sell it to third parties and thereby are trying to swindle away the trust property. The further case of the appellant was that even though she is a life trustee, she is kept away from the Trusts and therefore in order to establish her right in the Trusts and in order to safeguard the school and the Trusts properties, the present suit has been filed claiming various reliefs.

(3.) During the pendency of the suit, the above said applications were filed for claiming various interim reliefs. The respondents filed counter affidavit and contested these applications. That apart, the respondents also filed an application for striking of the plaint on the ground that the Trusts are already governed by a scheme decree and an independent suit of this nature is not maintainable.