Dr.S.Selvakumar v. Dr.A.B.Selvarangan (Deceased)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-02-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Dr.S.Selvakumar No.C-37, Anna Nagar, Chennai-600102.

..Plaintiff(s) Vs

1. Dr.A.B.Selvarangan (Deceased) No.C-37, Anna Nagar, Chennai-600102.

2. S.Balasubramani No.C-37, Anna Nagar, Chennai-600102.

3. Sahana Selvakumar E-51, 3rd Street, Anna Nagar, Chennai-600102.

4. Siddarth Selvakumar E-51, 3rd Street, Anna Nagar, Chennai 600 102.

5. B.Sudiksha Minor rep. by her Father No.C-37, Anna Nagar, Chennai-600102.

6. B.Meghana No.C-37, Anna Nagar, Chennai-600102.

7. Mrs.S.Rajalakshmi, W/o.late Dr.A.B.Selvarangan, No.C-37, Anna

Nagar East, Chennai - 600 102. (7th Defendant is brought on record as LRs of the deceased 1st Defendant as per order dt-19.4.22 in A.No.674/22).

..Defendant(s) PRAYER: The Plaint has been filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 of the Code of Civil Procedure praying a. To pass a decree of declaration declaring the settlement deed dated 04.07.2002, registered as Document Nos.1305 of 2002 in the office of the Subregistrar, Periamet, by the first defendant in favour of the Third defendant as sham and nominal and ab initio null and void, having no legal effect whatsoever.

b. To pass a decree of declaration declaring the settlement deed dated 04.07.2002, registered as Doc. Nos.1300 of 2002 in the office of the SubRegistrar, Periamet by the 1st defendant in favour of the fourth defendant as sham and nominal and ab initio null and void, having no legal effect whatsoever.

c. To pass a decree of declaration declaring the settlement deed dated 04.07.2002, registered as Doc. Nos.1306 of 2002 in the office of the SubRegistrar, Periamet by the 1st defendant in favour of the fifth defendant as sham and nominal and ab initio null and void, having no legal effect whatsoever. d. To pass a decree of declaration declaring the settlement deed dated 04.07.2002, registered as Doc. Nos.1301 of 2002 in the office of the SubRegistrar, Periamet by the 1st defendant in favour of the sixth defendant as sham and nominal and ab initio null and void, having no legal effect whatsoever. e. To pass a decree of permanent injunction restraining the defendants, their men, servants and agents or anyone claiming through or under them from

selling, leasing, transferring, mortgaging, alienating or encumbering the Suit schedule A and B Properties in any manner whatsoever; f. To pass a decree of mandatory injunction directing the First defendant to render full and proper accounts of the "A.B. Selvarangan HUF" up to date; g. To pass such other orders.

For Plaintiff(s):

M/s.A.ganesh For Defendant(s):

M/s.V.Srimathi [For D3 and D4] M/s.R.Munuswamy [For D2, D5 and D6] Ms. Rita Chandrasekar for M/s.Aiyar And Dolia [for D1] D7 Set exparte.

ORDER

Both sides' counsel would submit that already PW1 was chief recorded and while on cross examination, particularly during the cross examination by the learned counsel appearing for the 2nd defendant, in the midst of cross examination, the learned counsel appearing for the defendants 3 and 4, objected the proceedings before the Master Court stating that as per the order dated 17.11.2025, the Suits in C.S. No.410 of 2018 and 288 of 2018 have to be tried jointly, but the learned counsel appearing for the Plaintiff objected for joint trial. Therefore, the learned Master referred this matter to this Court.

2. This Court heard both sides and perused the records.

3. On a perusal of records, it is observed that this Court on 03.12.2024, after framing issues in C.S. No.785 of 2015 posted the matter for recording the evidence. This Court on 06.03.2025, passed an order in C.S. No.521 of 2018 that a perusal of the order dated 09.09.2020 would indicate that the present Suit was directed to be jointly tried with C.S. Nos.410 of 2018 and 645 of 2015 and the trial of the said Suits was simultaneously to be made with the joint trial of Suits in C.S. No.288 of 2008 and 785 of 2015. However, the present Suit in C.S. No.521 of 2018 had been de-linked from the batch of cases and directed to be tried separately. This Court, on 09.09.2020, passed an order that C.S. No.410 of 2018, 645 of 2015 and 521 of 2018 have to be tried jointly and also passed an order that the Suit in C.S. Nos.

288 of 2018 and 785 of 2015 have to be tried jointly and both the trials shall go along simultaneously. Further this Court passed an order dated 12.01.2022 transferring the Suit pending on the file of the VI Assistant City Civil Court, Chennai in O.S. No.7792 of 2021 has to be tried before this Court along with C.S. No.785 of 2015. Therefore, as per the order passed by this Court, the Suit in C.S. No.785 of 2015 has to be tried along with C.S. No.31 of 2022, which was transferred from the City Civil Court. Already joint trial was ordered in C.S. No.785 of 2015 along with C.S. No.288 of 2018, as per the order dated 09.09.2020.

4. Now the Suit transferred from the VI Assistant City Civil Court in O.S. No.7792 of 2021 has also been transferred and renumbered as C.S. No.31

of 2022 and the same has to be tried along with C.S. No.785 of 2015. Therefore, the C.S. No.785 of 2015 has to be tried jointly along with C.S. No.31 of 2022 and 288 of 2018.

5. In view of the same, this Court clarified that C.S. No.785 of 2015 has to be tried along with C.S. No.288 of 2018 and C.S. No.31 of 2022. The Suits in C.S. No.410 of 2018 and 521 of 2018 have to be tried jointly and both the trials shall go along simultaneously as per the orders passed by this Court on various dates. Already this Court appointed Commissioner to record evidences in some cases and after recording evidences by the Advocate Commissioner, the remaining witnesses have been examined by the Master. Therefore, the parties are directed to comply with the orders and the learned Master shall record the evidence in respect of remaining witnesses as directed by this Court.

6. Post the matter on 24.02.2026.

12-02-2026 MJS

P.DHANABAL, J.

MJS 12-02-2026