1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.10.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION No.1823 of 2011 and MISCELLANEOUS PETITION No.1 of 2011 M.Rajkumar .. Petitioner Vs. G.Manimekalai .. Respondent Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decretal order dated 05.08.2011 passed in Civil Miscellaneous Appeal No.42 of 2010 by the Fast Track Court, Dindigul reversing the fair and decretal order dated 21.10.2010 passed in Interlocutory Application No.355 of 2010 in Original Suit No.143 of 2010 by the Sub Court, Palani. For Petitioner : Mr.R.Vijayakumar For Respondent : Mr.H.Lakshmi Shankar ORDER The order dated 05.08.2011 passed in Civil Miscellaneous Appeal No.42 of 2010 by the Fast Track Court, Dindigul is being challenged in the present Civil Revision Petition. 2. The respondent herein and another as plaintiffs have instituted Original Suit No.143 of 2010 on the file of the Sub Court, Palani praying to remove the defendant therein from trusteeship. The defendant has filed written statement, wherein he made a counter-claim to the effect that the first plaintiff should not act as trustee of the trust mentioned in the plaint. In Original Suit No.143 of 2010, the defendant as petitioner has filed Interlocutory Application No.355 of 2010 under Order XXXIX, Rules 1 to 3 of the Code of Civil Procedure, 1908 so as to deter the respondent therein, from continuing as Secretary of the trust mentioned in the plaint. The trial Court has allowed the same. Against the order passed by the trial Court, Civil Miscellaneous Appeal No.42 of 2010 has been preferred on the file of the Fast Track Court, Dindigul and the same has been allowed and ultimately dismissed Interlocutory Application No.355 of 2010. Against the order passed in Civil Miscellaneous Appeal No.42 of 2010, the present Civil Revision Petition has been filed. 3. The learned counsel appearing for the revision petitioner has contended that the respondent herein/first plaintiff is not having locus standi to act as a trustee and further she is entitled to keep her post till 02.02.2011 and under the said circumstances the order passed in Civil Miscellaneous Appeal No.42 of 2010 is liable to be set aside and the order passed in Interlocutory Application No.355 of 2010 is liable to be restored. https://hcservices.ecourts.gov.in/hcservices/ 2 4. Per contra, the learned counsel appearing for the respondent has contended that in the Trust Deed after period is over board meeting should be convened so as to select Secretary and under the said circumstances the relief sought for in Interlocutory Application No.355 of 2010 cannot be granted. 5. It is seen from the records that in Original Suit No.143 of 2010 the revision petitioner/petitioner/defendant has filed written statement. Since in Original Suit No.143 of 2010, written statement has been filed, the same is ready for conducting trial. In Original Suit No.143 of 2010, it is prayed to the effect that the defendant therein should be removed from trusteeship. Considering the nature of the relief sought for in Original Suit No.143 of 2010 as well as the nature of the counter-claim made in the written statement filed on the side of the revision petitioner/petitioner/defendant, this Court is of the view to give necessary direction to the trial Court to dispose of Original Suit No.143 of 2010. under the said circumstances, the question involved in Interlocutory Application No.355 of 2010 need not be decided. 6. With the above observations, this Civil Revision Petition is disposed of without costs. The Sub Court, Palani is strictly directed to dispose of Original Suit No.143 of 2010 before the end of December, 2011 without giving adherence to the orders passed in Interlocutory Application No.355 of 2010 and in Civil Miscellaneous Appeal No.42 of 2010. Sd/- Assitant Registrar (T&P) /True Copy/ Sub Assistant Registrar To 1.The Fast Track Judge, Dindigul. 2.The Subordinate Judge, Palani. +1cc to Mr.H.Lakshmishankar, Advocate, SR.No.36373 smn GH : 29.10.2011 : 2p/4c C.R.P(PD)(MD)No.1823 of 2011 and M.P(MD)No.1 of 2011 https://hcservices.ecourts.gov.in/hcservices/