THATHA SAMPATH KUMAR Vs. VUPPUTUR ALWAR CHETTYS CHARITIES

JUDGEMENT

(1.) This Intra Court appeal has been filed under Clause XIV of the Letters Patent, aggrieved by the order dated 25.04.2018 passed by the learned Single Judge in Application No.6533 of 2017 in C.S.D.36131 of 2017.

(2.) The Appellants are the first and third defendants in the proposed suit filed by the respondents 1 to 4 against the appellants as well as the fifth respondent in this appeal under Section 92 CPC seeking for removal of the first appellant/first defendant as life trustee in the first respondent/first plaintiff trust as well as for permanent injunction restraining the defendants in the proposed suit not to interfere with the respondents 2 to 4 in the management of the first respondent/first plaintiff trust. Application No.6533 of 2017 was filed by the respondents 1 to 4/plaintiffs in the proposed suit seeking for grant of leave to file the suit against the defendants under Section 92 CPC. Leave was sought on the ground that the first appellant / first defendant has committed breach of first respondent/first plaintiff trust and that, he is not competent to be appointed as life trustee or as any other trustee in the first respondent/first plaintiff trust.

(3.) The respondents 2 to 4 have also stated in their affidavit filed in support of Application No.6533 of 2017 that they are interested persons in the first respondent/first plaintiff trust as they belong to Vupputur family who were given majority control in the first respondent/first plaintiff trust by the founder of the trust, Vupputur Alwar Chetty, under the Trust Deed dated 28.08.1922.