RAMESH @ PRASANNA VENKATESAN Vs. CHANDRASEKAR

JUDGEMENT

(1.) THIS revision is filed at the instance of the first defendant in the suit, challenging the order passed in I.A.No.588 of 2008 in O.S.No.485 of 2005. The suit was filed originally in O.S.No.652 of 1996 on the file of Sub Court, Trichy, which has been subsequently transferred and renumbered as O.S.No.485 of 2005 on the file of District Munsif, Trichy by the respondents 2 and 3 in the revision petition. Seeking the relief of permanent injunction restraining the defendants 3 to 6 therein from interfering with the day to day administration of the college running by the A.D.S. Educational trust being the second plaintiff, constituted by the first plaintiff and the first defendant.

(2.) A perusal of the said suit would show that it has been filed on behalf of the plaintiff and the first defendant as well. The first plaintiff in the said suit is the Managing trustee and the second plaintiff is the trust. The first defendant in the suit is the Vice Chairman of the trust and the defendants 3 to 6 are said to be the trustees. The suit is filed on the footing that the plaintiffs and defendants 1 and 2 are in enjoyment of the trust and defendants 3 to 5 are interfering with the administration after having relinquished their right. Pending the suit, number of applications have been filed, which was all been disposed of. It is also seen that this Hon'ble Court in C.R.P.Nos.359/2006, 1427/2007 and 1324/2008 has given specific direction to dispose of the suit in and by its order dated 26.4.2006, 28.9.2007 and 29.7.2008 respectively, thereby directing the trial Court to dispose of the suit expeditiously by fixing outer limit of few months.

(3.) PENDING suit, the second defendant in the suit died on 15.12.1998. However, the legal representative of the deceased second defendant have not been brought on record. Under those circumstances, an application was filed in I.A.No.588 of 2008 by the first respondent in the revision petition seeking to implead himself as the defendant in the suit being the legal representative of the deceased second defendant. The said application has been filed basing reliance upon the trust expansion deed which has been marked as Ex.P -2, dated 16.12.1987, in I.A.No.588 of 2008. According to the petitioner, in I.A.No.588 of 2008 in view of Clause 6 of the said trust expansion deed (Ex.P -2), the petitioner is entitled to be impleaded as a defendant.