THE HONOURABLE MR. JUSTICE N.SATHISHKUMAR C.R.P(NPD).No. 1635 of 2007 1.N.Rathinavel (deceased) 2.Kamalammal (second petitioner brought on record as LR of the deceased sole petitioner vide order of Court dated 11.06.2014 made in M.P.Nos.1 to 3 of 2012 in CRP.(NPD)NO.1635 of 2007) ...Petitioners vs.
1.V.Jayaraman 2.J.Radhakrishnan 3.J.Murali ...Respondents PRAYER: Civil Revision Petition filed under Section 115 of Civil Procedure Code against the order of the First Additional District Judge cum Chief Judicial Magistrate Court, Coimbatore made in Trust Original Petition No: 44 of 1999 dated 30.03.2000.
For Petitioner : Mr.A.Thiyagarajan For Respondents : Mr.Krishan Prasad for M/s. Survabhauman & Associates for R2 & R3 ORDER This Civil Revision Petition has been filed as against the order of the first Appellate Court in appointing the respondents as trustees in 'Selambayammal Trust'.
2. The main grievance of the revision petitioners is that they are also the legal representatives of the 'Selambayammal Trust'. But, the respondents without impleading the revision petitioners, has filed an application before the first Appellate Court and got them appointed as trustees. Hence, it is the contention of the learned counsel appearing for the revision petitioners that the order of the first Appellate Court is liable to be set aside and all the legal representatives are to be given a chance.
3. Heard the learned counsel appearing for the respondents.
4. It is to be noted that, admittedly, the trust has been created in the year 1922 under Trust Deed (Ex.A1) and the Trust was continued and maintained by one Selambayammal. The revision petitioners are also the grand children of Selambayammal through another son and the same is not in dispute. They filed the application to appoint them as trustees. However, the revision petitioners have not made as parties to the Original Petition filed by them. When the trust is a private trust, all the persons who are interested in such trust have to be made as parties in application filed in respect of the trust.
5. Admittedly, the revision petitioners were also the legal representatives of the Selambayammal. They are not brought on record. Therefore, this Court is of the view that the order appointing the respondents as trustees without hearing the legal representatives who are also interested in the trust properties, has to be necessarily interfered.
6. Accordingly, the order of the Court below is set aside and the revision petitioners shall file an application to implead them in the above Original Petition as parties within a period of two weeks from the date of receipt of a copy of this order.
7. Thereafter, the Trial Court shall decide the trust Original Petition after receiving the objection from the revision petitioners and decide on merits.
8. With the above observations, the order of the first Appellate court is set aside. Thereafter, the first Appellate Court shall dispose of the Original Petition within a period of eight months from the date of receipt of a copy of this order.
19.03.2019 mbi/vkr Index : Yes / No Speaking/Non-speaking order To The First Additional District Judge cum Chief Judicial Magistrate Court, Coimbatore.
N.SATHISHKUMAR , J.
mbi/vkr C.R.P(NPD).No. 1635 of 2007 19.03.2019