Canagaratnam and Others vs Karthikeya Kurukkal and Another – sllr 2008 volume 2 page 156

In the case between Canagaratnam and Others (Plaintiffs) and Karthikeya Kurukkal and Another (Defendants), the court examined whether an application under Section 42(2) of the Trust Ordinance for the sale of trust property retains legal standing once the court’s order authorizing the sale has been executed and the property transferred, effectively rendering the court functus. The court determined that interventions seeking to challenge trusteeship or executed deeds after such execution are not maintainable in the same proceeding. The holding reaffirmed that post-sale interventions are misconceived as the court becomes functus, and any new claims or inquiries must be initiated via separate proceedings. Reference was made to statutory interpretation and relevant precedents, confirming that t

REF: sllr 2008 volume 2 page 156 Category: Tag:
Scroll to Top