Madras High Court
P.S.Rudhrakumar vs Arulmigu Abhinava Dharma ... on 21 January, 2021
O.S.A. Nos. 21 to 23 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.01.2021
CORAM :
THE HON'BLE MR. JUSTICE N.KIRUBAKARAN
and
THE HON'BLE MR. JUSTICE P.D.AUDIKESAVALU
O.S.A. Nos. 21 to 23 of 2019
O.S.A. No. 21 of 2019:-
P.S.Rudhrakumar ... Appellant
Vs.
1. Arulmigu Abhinava Dharma Sivachariar Mutt
Represented by Treasurer and Trustee
P.S.Krishnamurthy
73/38, Kachaleeswarar Agraharam
Chennai – 600 001.
2. P.Ekambaram
3. A.N.Suresh Kumar
4. G.Gopal
5. B.Srinivasan
6. M.K.Chelliappan
7. K.Senthilvellan
[Fifth to Seventh Respondents are
impleaded as per order dated 21.01.2021
made in C.M.P. No. 17954 of 2019 in
O.S.A. No. 21 of 2019.]
... Respondents
Prayer : Original Side Appeal filed under Order XXXVI Rule 1 of the Original
Side Rules read with Clause XV of the Letters Patent praying to set aside the order
and decree dated 31.07.2018 in O.A. No. 648 of 2018 in C.S. No. 455 of 2018.
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O.S.A. Nos. 21 to 23 of 2019
For Appellant : Mr. K.Chandrasekaran
For Respondents : Mr. V.Lakshminarayanan (For R1)
Mr. Ashokpathy
For M/s. Pass Associates (For R2 to R4)
Mr. R.Singaravelan, Senior Counsel
For M/s. M.Rajamani (For R5 to R7)
Mr. K.M.Ramesh, Advocate Commissioner
O.S.A. No. 22 of 2019:-
P.S.Rudhrakumar ... Appellant
Vs.
1. Arulmigu Abhinava Dharma Sivachariar Mutt
Represented by Treasurer and Trustee
P.S.Krishnamurthy
73/38, Kachaleeswarar Agraharam
Chennai – 600 001.
2. P.Ekambaram
3. A.N.Suresh Kumar
4. G.Gopal
5. B.Srinivasan
6. M.K.Chelliappan
7. K.Senthilvellan
[Fifth to Seventh Respondents are
impleaded as per order dated 21.01.2021
made in C.M.P. No. 17947 of 2019 in
O.S.A. No. 22 of 2019.]
... Respondents
Prayer : Original Side Appeal filed under Order XXXVI Rule 1 of the Original
Side Rules read with Clause XV of the Letters Patent praying to set aside the order
and decree dated 31.07.2018 in A. No. 5187 of 2018 in C.S. No. 455 of 2018.
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O.S.A. Nos. 21 to 23 of 2019
For Appellant : Mr. K.Chandrasekaran
For Respondents : Mr. V.Lakshminarayanan (For R1)
Mr. Ashokpathy
For M/s. Pass Associates (For R2 to R4)
Mr. R.Singaravelan, Senior Counsel
For M/s. M.Rajamani (For R5 to R7)
Mr. K.M.Ramesh, Advocate Commissioner
O.S.A. No. 23 of 2019:-
P.S.Rudhrakumar ... Appellant
Vs.
1. Arulmigu Abhinava Dharma Sivachariar Mutt
Represented by Treasurer and Trustee
P.S.Krishnamurthy
73/38, Kachaleeswarar Agraharam
Chennai – 600 001.
2. P.Ekambaram
3. A.N.Suresh Kumar
4. G.Gopal
5. B.Srinivasan
6. M.K.Chelliappan
7. K.Senthilvellan
[Fifth to Seventh Respondents are
impleaded as per order dated 21.01.2021
made in C.M.P. No. 17951 of 2019 in
O.S.A. No. 23 of 2019.]
... Respondents
Prayer : Original Side Appeal filed under Order XXXVI Rule 1 of the Original
Side Rules read with Clause XV of the Letters Patent praying to set aside the order
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O.S.A. Nos. 21 to 23 of 2019
and decree dated 31.07.2018 in O.A. No. 649 of 2018 in C.S. No. 455 of 2018.
For Appellant : Mr. K.Chandrasekaran
For Respondents : Mr. V.Lakshminarayanan (For R1)
Mr. Ashokpathy
For M/s. Pass Associates (For R2 to R4)
Mr. R.Singaravelan, Senior Counsel
For M/s. M.Rajamani (For R5 to R7)
Mr. K.M.Ramesh, Advocate Commissioner
COMMON JUDGMENT
[Judgment of the Court was made by N.KIRUBAKARAN, J.,]
When these matters are called today, Mr. K.Chandrasekaran, Learned
Counsel for the Appellant would submit that pursuant to the orders of this Court
election to the office of the Trustees has been held and therefore, the Appeals have
become infructuous. Further, he would submit that Appeals arise out of the
proceedings in C.S. No. 455 of 2018 and the same has been transferred and
re-numbered as O.S. No. 4775 of 2019 on the file of the XVII Additional City
Civil Court, Chennai, due to increase in pecuniary jurisdiction.
2. It is also submitted that the Suit itself has become infructuous, in view of
the election held. Therefore, the Original Side Appeals are dismissed as
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O.S.A. Nos. 21 to 23 of 2019
infructuous. In view of the dismissal of the above Original Side Appeals as
infructuous, Suit in O.S. No. 4775 of 2019 on the file of the XVII Additional City
Civil Court, Chennai is also dismissed as infructuous. No costs.
[N.K.K.,J.] [P.D.A.,J.]
21.01.2021
Maya/ay 2/2
To
The XVII Additional Judge
City Civil Court, Chennai.
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O.S.A. Nos. 21 to 23 of 2019
N.KIRUBAKARAN, J.
and
P.D.AUDIKESAVALU, J.
Maya
O.S.A. Nos. 21 to 23 of 2019
Dated : 21.01.2021
https://www.mhc.tn.gov.in/judis/
