CMP(MD) NO. 10448 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11-08-2026 CORAM THE HONOURABLE MR JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MRS.JUSTICE M.D.SUMATHI CMP(MD) NO. 10448 of 2026 IN AS(MD) SR NO. 56185 OF 2026 Arulmighu Soundaraja Perumal Thirukovil Thadicombu, Dindigul Taluk, Dindigul District, Representd by its Executive Officer (Through the Ultimate beneficiary of Arulmighu Soundaraja Perumal Thirukovil Chitra Pouranami Mandakapadi and Balsamy Chettiar Choultry) Petitioner(s) Vs S.V.Balusamy Iyyar and Brothers Trust, Represented by its Managing Trustee S.K.Ganesan and Joint Managing Trustee S.V.Jayakumar No.67/71E S.V.Balusamy Chettiar Compound Thadikombu Road Dindigul - 624 001. Respondent(s) 1/3 https://www.mhc.tn.gov.in/judis For Petitioner(s): Mr.R.G.Shankar Ganesh T.Sivananthan Ramakrishnan S For Respondent(s): Mr.D.Rupan Sakkarawarthi Prayer: To grant leave for challenging the judgment and decree dated 05.12.2025 made in O.S.No.435/2025 on the file of the Principal District Court, Dindigul and thus render justice. ORDER (Order of the Court was made by the Hon'ble G.R.Swaminathan J.) The petitioner herein wants to file an appeal questioning the judgment and decree dated 05.12.2025 made in O.S.No.435 of 2025 on the file of the Principal District Court, Dindigul. Since the petitioner herein is not a party to the suit, this application has been filed seeking leave. 2.The learned counsel for the petitioner submits that the suit schedule properties are trust properties which have been endowed in favour of the petitioner/temple. He points out that the temple had filed an injunction suit in O.S.No.769 of 2004 on the file of the I Additional District Munsif Court, Dindigul to restrain the respondent herein from alienating the suit schedule properties. The said suit was decreed on 23.06.2005. The learned counsel for the petitioner states that it was 2/3 https://www.mhc.tn.gov.in/judis confirmed right up to second appeal. According to the learned counsel for the petitioner, these facts had been suppressed and a fraudulent decree had been obtained and on that basis, as many as 45 sale deeds have been executed. 3.We are satisfied that the petitioner has interest in the subject matter and that the petitioner is a person aggrieved within the meaning of Section 96 of Civil Procedure Code. Hence, leave is granted. 4.The Registry is directed to number the appeal, if it is otherwise in order. (G.R.SWAMINATHAN J.) (M.D.SUMATHI J.) 11-08-2026 ias To S.V.Balusamy Iyyar and Brothers Trust, Represented by its Managing Trustee S.K.Ganesan and Joint Managing Trustee S.V.Jayakumar No.67/71E S.V.Balusamy Chettiar Compound Thadikombu Road Dindigul - 624 001. 3/3 https://www.mhc.tn.gov.in/judis