Scheme Decree passed for administration/management of trust - for violation of terms, independent Suit not maintainable - Scheme Court will continue to have control over proceedings - Petitioner given liberty to file appropriate Application before Scheme Court and agitate same.

Citation 

2020 (1) CTC 395 (Mad)

IN THE HIGH COURT OF MADRAS (Madurai Bench)

N. Anand Venkatesh, J.

C.R.P.(MD) No.1075 of 2012 (PD) & M.P. (MD) No.1 of 2012.

November 28, 2019

Lakshmi Kumar @ Vasudevan; Raghunathan; Murali @ Ranganthan...Petitioner

Vs.

Shri Ahobila Mutt by His Holiness, Shri Narayana Yathindra Mahisikan, Selaiyoor, East Tambaram, Chennai, Rep. by His Power of Attorney Agent, S. Rajagopalan, S/o. Srinivasa Iyengar, East Uthara Street, Srirangam...Respondent

Code of Civil Procedure, 1908 (5 of 1908), Section 92- Jurisdiction of Court which passed Scheme Decree Principle of functus officio Scheme Decree passed in 1969 for administration/management of Respondent-Trust Suit for Declaration and Mandatory Injunction filed for violation of terms and conditions imposed by Scheme Decree Application challenging maintainability of Suit allowed - Whether independent Suit maintainable or Application ought to be filed before Scheme Court only - Held, independent Suit not maintainable - Scheme Court will continue to have control over proceedings and lis - It does not become functus officio after passing of Scheme Decree Order of Court below dismissing Suit as not maintainable, sustained - Petitioner given liberty to file appropriate Application before Scheme Court and agitate same. Ratio laid down in issue Janab Dr. Hisamuddin Papa Sahib case, followed.