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2013 DIGILAW 1248 (MAD)

D. Henry Thiagaraj Managing Trustee Dalit Liberation Education Trust Chennai v. T. D. Sundaravarathan

2013-03-06

M.JAICHANDREN, M.M.SUNDRESH

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JUDGMENT M.M. Sundresh, J. 1. This Original Side Appeal has been preferred by the appellant, challenging the order passed by the learned single Judge in Appln.No.2355 of 2011 in C.S.No.875 of 2002 dated 16.11.2012, issuing certain directions accepting the memo filed by the learned Administrator. 2. It is seen that the application filed by the appellant in Application No.2355 of 2011 in C.S.No.875 of 2002 seeking removal of the learned Administrator, is pending consideration. What has been ordered by the learned single Judge is by way of issuing directions on the Memo filed by the learned Administrator. 3. On a perusal of the order of the learned single Judge, we do not find any reason to interfere with the order passed on the memo filed by the learned Administrator, seeking certain directions for the purpose of administering the Trust. Therefore, considering the abovesaid fact and keeping in view of the scope and ambit of Section 92 of the Code of Civil Procedure, 1908, we do not find any error or legal infirmity in the order passed by the learned single judge. Accordingly, the appeal stands dismissed. However, we make it clear that the dismissal of appeal will not stand in the way of the learned single Judge in taking up the Application pending in Appln.No.2355 of 2011 in C.S.No.875 of 2002. We further make it clear that while disposing of the application, the learned single Judge is further requested to consider the same on its own merits and not influenced by any of the observation made by this Court in this appeal. No costs. Consequently, connected miscellaneous petitions are also dismissed.