Madras High Court
S.Thangaraj vs K.Varadarajan on 21 June, 2023
C.R.P.(MD)Nos.714 to 717 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.06.2023
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
C.R.P.(MD)Nos.714 to 717 of 2022
and
C.M.P.(MD)Nos.2935, 2936, 2939 and 2940 of 2022
C.R.P.(MD)No.714 of 2022:-
1.S.Thangaraj
2.Dhanaraj .. Petitioners
Versus
1.K.Varadarajan
N.Arumugam (Died)
(Amended as per order in I.A.No.986 of 2010,
dated 26.11.2010)
2.T.G.P.Gunalan
3.R.Murugesan
4.K.Christdoss
5.P.Muthusamy
6.A.Muthaiyan
7.K.Ramasamy
8.K.Ayyamperumal
S.Gopalsamy (Died)
(Amended as per order in I.A.No.10/21, dated 22.12.2021)
9.M.Chandrahasan
https://www.mhc.tn.gov.in/judis
1/12
C.R.P.(MD)Nos.714 to 717 of 2022
10.K.Murugesan
11.S.D.Selvaraj
12.S.Anbhazagan
13.St. John's Sangam,
Perambalur,
Rep. by its self styled Secretary,
K.Varadharajan
14.St.John's Sangam Trust,
Having Office at
Rover College, Perambalur.
(Amended as per order in I.A.No.2 of 2019,
dt. 11.11.2019 as against the respondents
10, 13, 14 and 17 therein) .. Respondents
Prayer :- Petition filed under Article 227 of the Constitution of India, to call for the
records of the IV Additional Subordinate Court, Tiruchirapalli, made in I.A.No.405
of 2018 in A.S.No.33 of 2008 and set aside the fair and decreetal order dated
24.02.2021.
For Petitioners : Mr.J.Arumainayagam
For R1, R3 to R5,
R13 and R14 : Mr.N.Vinod Sathya Lazar
For R6 to R12 : No Appearance
C.R.P.(MD)No.715 of 2022:-
1.P.Raja Subramanian
S.Daniel (Died)
(Amended as per order in I.A.No.749/18,
dated 26.11.2019)
https://www.mhc.tn.gov.in/judis
C.R.P.(MD)Nos.714 to 717 of 2022
P.Thangavel (Died)
2.R.Balachandran
D.Robert (Died)
(Amended as per order in I.A.No.1/19,
dated 11.11.2019)
3.M.Nallaiah
4.N.Thangavel
A.Balan (Died)
(Amended as per order in I.A.No.749/18,
dated 26.11.2019)
5.S.Govindan
6.G.Elangovan
7.Kalairasan
R.Velusamy (Died)
8.V.Paranjothi
9.N.Paramasivam
10.G.Gunasekaran
11.S.Samuvel
V.Mookkan @ Mukesh Kanna (Died)
(Amended as per order in I.A.No.749/18,
dated 26.11.19)
O.Natesan (Died)
(Amended as per order in I.A.No.8/21,
dated 22.12.21)
12.C.Ekambaram
https://www.mhc.tn.gov.in/judis
C.R.P.(MD)Nos.714 to 717 of 2022
13.R.Gunaselvan .. Petitioners
Versus
1.K.Varadarajan
N.Arumugam (Died)
2.T.G.P.Gunalan
3.R.Murugesan
4.K.Christdoss
5.St.John's Sangam Trust,
Having Office at
Rover College, Perambalur.
6.A.Annadurai
J.D.Wilson (Died)
(Amended as per order in I.A.No.2/2019,
dated 11.11.2019) .. Respondents
Prayer :- Petition filed under Article 227 of the Constitution of India, to call for the
records of the IV Additional Subordinate Court, Tiruchirapalli, made in I.A.No.404
of 2018 in A.S.No.20 of 2008 and set aside the fair and decreetal order dated
24.02.2021.
For Petitioners 1 to 11 and 13 : Mr.J.Arumainayagam
For 12th Petitioner : No Appearance
For R1 and R3 to R5 : Mr.N.Vinod Sathya Lazar
For R6 : No Appearance
https://www.mhc.tn.gov.in/judis
C.R.P.(MD)Nos.714 to 717 of 2022
C.R.P.(MD)No.716 of 2022:-
1.P.Raja Subramanian
S.Daniel (Died)
(Amended as per order in I.A.No.749/18,
dated 26.11.2019)
P.Thangavel (Died)
2.R.Balachandran
D.Robert (Died)
(Amended as per order in I.A.No.2/19,
dated 11.11.2019)
3.M.Nallaiah
4.N.Thangavel
A.Balan (Died)
(Amended as per order in I.A.No.749/18,
dated 26.11.2019)
5.S.Govindan
6.G.Elangovan
7.Kalairasan
R.Velusamy (Died)
8.V.Paranjothi
9.N.Paramasivam
10.G.Gunasekaran
11.S.Samuvel
https://www.mhc.tn.gov.in/judis
C.R.P.(MD)Nos.714 to 717 of 2022
V.Mookkan @ Mukesh Kanna (Died)
(Amended as per order in I.A.No.749/18,
dated 26.11.19)
O.Natesan (Died)
(Amended as per order in I.A.No.6/20,
dated 11.02.20)
12.C.Ekambaram
13.R.Gunaselvan .. Petitioners
Versus
1.K.Varadarajan
N.Arumugam (Died)
2.T.G.P.Gunalan
3.R.Murugesan
4.K.Christdoss
5.St.John's Sangam Trust,
Having Office at
Rover College, Perambalur.
6.A.Annadurai
J.D.Wilson (Died)
(Amended as per order in I.A.No.2/2019,
dated 11.11.2019) .. Respondents
Prayer :- Petition filed under Article 227 of the Constitution of India, to call for the
records of the IV Additional Subordinate Court, Tiruchirapalli, made in I.A.No.536
of 2018 in A.S.No.20 of 2008 and set aside the fair and decreetal order dated
24.02.2021.
https://www.mhc.tn.gov.in/judis
C.R.P.(MD)Nos.714 to 717 of 2022
For Petitioners 1 to 11 and 13 : Mr.J.Arumainayagam
For 12th Petitioner : No Appearance
For R1 and R3 to R5 : Mr.N.Vinod Sathya Lazar
For R6 : No Appearance
C.R.P.(MD)No.717 of 2022:-
1.S.Thangaraj
2.Dhanaraj .. Petitioners
Versus
1.K.Varadarajan
N.Arumugam (Died)
(Amended as per order in I.A.No.986 of 2010,
dated 26.11.2010)
2.T.G.P.Gunalan
3.R.Murugesan
4.K.Christdoss
5.P.Muthusamy
6.A.Muthaiyan
7.K.Ramasamy
8.K.Ayyamperumal
S.Gopalsamy (Died)
(Amended as per order in I.A.No.10/21, dated 22.12.2021)
9.M.Chandrahasan
10.K.Murugesan
https://www.mhc.tn.gov.in/judis
C.R.P.(MD)Nos.714 to 717 of 2022
S.Gunaseelan (Died) (R-13)
S.Mannathi (Died) (R-14)
11.S.D.Selvaraj
12.S.Anbhazagan
P.Rajendran (Died) (R-17)
13.St. John's Sangam,
Perambalur,
Rep. by its self styled Secretary,
K.Varadharajan
14.St.John's Sangam Trust,
Having Office at
Rover College, Perambalur.
(Amended as per order in I.A.No.2 of 2019,
dt. 11.11.2019 as against the respondents
10, 13, 14 and 17 therein) .. Respondents
Prayer :- Petition filed under Article 227 of the Constitution of India, to call for the
records of the IV Additional Subordinate Court, Tiruchirapalli, made in I.A.No.537
of 2018 in A.S.No.33 of 2008 and set aside the fair and decreetal order dated
24.02.2021.
For Petitioners : Mr.J.Arumainayagam
s
For R1, R3 to R5,
R13 and R14 : Mr.N.Vinod Sathya Lazar
For R6 to R12 : No Appearance
COMMON ORDER
Since the issues involved in the present Civil Revision Petitions and the
parties are one and the same, they are heard together and disposed of by this common
order.
https://www.mhc.tn.gov.in/judis
C.R.P.(MD)Nos.714 to 717 of 2022
2.The dispute in these Civil Revision Petitions pertains to the year 1989 and
suits were filed in the year 1989 before the District Munsif Court, Perambalur, which
were later transferred to the District Munsif Court, Tiruchirapalli. The suits were
filed by the respective petitioners herein for declaration that they are the Members of
St. John's Sangam, Perambalur, with Registration No.16/61 and the defendants 8 to
19 are not the Members of the said Sangam and for permanent injunction. The suits
filed by the respective petitioners were dismissed by the judgment and decree dated
16.04.2007 holding that the respective petitioners had no locus standi.
3.Aggrieved by the same, the respective petitioners have filed A.S.Nos.20 and
33 of 2008. The said appeals are pending before the IV Additional Sub Court,
Tiruchirapalli. The petitioners have filed I.A.Nos.405 and 537 of 2018 in A.S.No.33
of 2008 and I.A.Nos.404 and 536 of 2018 in A.S.No.20 of 2008.
4.I.A.Nos.404 and 405 of 2018 were filed by the petitioners under Order XLI
Rule 2 read with Section 151 of C.P.C., for deleting certain grounds, which
according to the petitioners, had erroneously crept in at the time of filing of the
appeal. It is submitted that the mistake was on account of the mistake committed by
the counsel, who drafted the grounds of appeal. It is therefore submitted that the
petitioners should not be put to prejudice on account of the mistake committed by the
Counsel.
https://www.mhc.tn.gov.in/judis
C.R.P.(MD)Nos.714 to 717 of 2022
5.As far as I.A.Nos.536 and 537 of 2018 are concerned, they were filed under
Order XL Rule 1 of C.P.C. for appointment of a Receiver, as the amounts were being
misused by the respondents.
6.The Court below has dismissed I.A.Nos.404, 405, 536 and 537 of 2018 filed
by the respective petitioners in the two appeal suits, which is now subject matter of
the present Civil Revision Petitions.
7.I have considered the arguments advanced by the learned counsel for the
petitioners and the learned counsel for the respondents.
8.It is also noticed that during the pendency of the present Civil Revision
Petitions, few other Interlocutory Applications have also been filed in the respective
appeals, as a result of which, the appeals have not progressed further. The status quo
has also been ordered, which has further delayed the disposal of the appeals.
9.Considering the facts and circumstances of the case and also considering the
fact that the litigation is of the year 1989, these Civil Revision Petitions are disposed
of by setting aside the impugned orders. The impugned orders dated 24.02.2021
passed in I.A.Nos.404 and 405 of 2018 are set aside and accordingly, the said I.As.
are allowed.
https://www.mhc.tn.gov.in/judis
C.R.P.(MD)Nos.714 to 717 of 2022
10.As far as the impugned order dated 24.02.2021 passed in I.A.Nos.536 and
537 of 2018 filed in the respective appeals are concerned, the same are set aside and
accordingly, the matters are remitted back for fresh consideration by the Appellate
Court namely, IV Additional Subordinate Court, Tiruchirapalli, to consider the same
at the time of final disposal.
11.Considering the fact that the dispute pertains to the year 1989, the learned
IV Additional Subordinate Judge, Tiruchirapalli, shall dispose A.S.Nos.20 and 33 of
2008 as expeditiously as possible, preferably, within a period of 45 days from the
date of receipt of a copy of this order. It is made clear that the learned IV Additional
Subordinate Judge, Tiruchirapalli, shall pass a judgment and decree in the said
appeals on merits and in accordance with law, uninfluenced by any of the
observations made in this order touching on the merits of the case.
12.These Civil Revision Petitions stand allowed with the above direction.
No costs. Consequently, connected Miscellaneous Petitions are closed.
NCC : Yes/No
Index : Yes/No 21.06.2023
Internet : Yes/No
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To
The IV Additional Subordinate Judge,
Tiruchirapalli.
https://www.mhc.tn.gov.in/judis
C.R.P.(MD)Nos.714 to 717 of 2022
C.SARAVANAN, J.
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Common Order made in
C.R.P.(MD)Nos.714 to 717 of 2022
21.06.2023
https://www.mhc.tn.gov.in/judis
