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2020 DIGILAW 2122 (MAD)

A. R. Dhasaratha Raja v. Rao Bahadur A. K. D. Dharma Raja, Education Charity Trust

2020-11-09

M.GOVINDARAJ

body2020
JUDGMENT : M. GOVINDARAJ, J. Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to strike off the affidavit and petition in I.A. No. 2 of 2020 in O.S. No. 7 of 1953 on the file of the District Court, Virudhunagar District at Srivilliputtur. Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to strike off the affidavit and petition in I.A. No. 4 of 2020 and I.A. No. 2 of 2020 in O.S. No. 7 of 1953 on the file of the Principal District Court, Virudhunagar District at Srivilliputtur. Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to direct the Principal District Munsif Court, Virudhunagar District at Srivilliputtur, to conduct proceedings through video conferencing and dispose of the suit I.A. No. 2 of 2020 in O.S. No. 7 of 1953 on his file, as expeditiously as possible preferably through virtual Courts. 1. These Civil Revision Petitions are directed against three interim applications filed before the Scheme Court in O.S. No. 7 of 1953. 2. I.A. No. 2 of 2020 has been filed by the first and second respondents in C.R.P. (PD) (MD) Nos. 840 and 841 of 2020 and the petitioners in C.R.P. (PD) (MD) No. 856 of 2020 for extension of his tenure as Trustee Manager of the Trust till completion of the project started by him. 3. I.A. No. 4 of 2020 is for continuation as Trustee till the disposal of I.A. No. 2 of 2020. 4. I.A. No. 3 of 2020 has been filed by the petitioner in C.R.P. (PD) (MD) Nos. 840 and 841 of 2020 for appointing him as the Trustee Manager as per the terms of the Scheme Decree. 5. The entire interim applications revolve around the appointment of new Trustee Manager. I do not find any major difference of opinion between the parties in respect of running the Trust in accordance with the Scheme Decree. The common grievance expressed by both parties is that the Scheme Court, namely, the Principal District Court, Virudhunagar District at Srivilliputtur, is periodically adjourning the matter on the grounds that summons are not served. By that time, by 10.07.2020, the tenure of the present Trustee Manager had expired and the application for extension of period is also pending. The common grievance expressed by both parties is that the Scheme Court, namely, the Principal District Court, Virudhunagar District at Srivilliputtur, is periodically adjourning the matter on the grounds that summons are not served. By that time, by 10.07.2020, the tenure of the present Trustee Manager had expired and the application for extension of period is also pending. Now, both the parties submit that all the applications are posted for hearing on 11.11.2020. 6. At this circumstance, it is suffice to dispose of the above revisions with directions, without expressing any views on merits and giving liberty to the parties to make their submissions on all issues. 7. Since the contesting parties are before the Court and the pleadings are completed, the District Court need not wait for service of summons on pro forma parties. Therefore, a direction is given to the Principal District Court, Virudhunagar District at Srivilliputtur, to dispense with service of summons on all the other parties and pass orders on merits in the applications pending before it, viz. I.A. Nos. 2 to 4 of 2020, on 11.11.2020 itself, after hearing all the parties concerned. Both parties appearing before this Court shall present themselves for making their submissions on 11.11.2020, enabling the Court below, to pass orders on the very same day. 8. The Civil Revision Petitions are disposed of with the above direction. No costs. Consequently, the connected miscellaneous petitions are closed. 9. Post the Civil Revision Petitions “for reporting compliance” on 23.11.2020. 10. Registry is directed to communicate this order through E-mail to the Principal District Court, Virudhunagar District at Srivilliputtur, today (09.11.2020) itself.