JUDGEMENT
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(1.) Leave granted.
(2.) These appeals arise out of a common judgment of the High Court of
Madras at Madurai dated 11.9.2007 declining to convert the Trust OP
No.96 of 2002 as a civil suit and be tried accordingly.
(3.) Trust OP No.96 of 2002 was filed by the appellants who were
beneficiaries of six trusts before the Principal District Judge, Thoothukudi
under Sections 61, 62, 65, 66 and 92 of the Trust Act read with Order VI
Rules 1 to 3, 5 to 7 and 26 of the Code of Civil Procedure for the following
reliefs:
"a. To call upon the respondents 1 to 12 to restore the
corpus and accretions gained by the six trusts detailed
in the schedule from the date of their incorporation till
the date of realization.
b. To trace the fissipations effected on the schedule Trusts
by the I defendant and his associate companies.
c. To appoint a receiver for all the properties of the I
defendant and through lifting the corporate veil on the
company held by the I defendant including Mountain
Spinning Mills.
d. To trace the fissipations on the Schedule Trusts and
bring the properties and monies to the petitioner s Court
account from whichever source they are available.
e. To call upon the I defendant to account from the late of
creation of the six schedule trusts as to bring the
proceeds to the Court.";
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