Thatha Sampath Kumar v. Vupputur Ramesh

A.No.4459 of 2016 IN C.S.No.520 of 2015 M.M.SUNDRESH, J.

Application in A.No.4459 of 2016 has been filed seeking substitution of the name of the applicant, V. Swaroop as Secretary of Sri Vupputur Alwar Chetty Charities and amend the cause title by substituting the name of the present Secretary in the place of the erstwhile Secretary shown as the first defendant in the suit.

2. Learned counsel appearing for the applicant submitted that the applicant is the present Secretary representing the first defendant. Therefore, these applications will have to be allowed.

3. Learned counsel appearing for the respondents/plaintiffs submitted that the selection itself is in dispute. Therefore, the application cannot be allowed and hence the same has to be dismissed.

4. Subsequently, it appears that V.Swaroop has got no objection to allow the application. What his submission seeks is only a

M.M.SUNDRESH.,J.

gv representative of the Trust for which there cannot be a serious objection raised on behalf of the plaintiff. Admittedly, the application has to be represented by somebody. In such view of the matter, the application stands ordered. However, all the contentional issues are left open to be decided at an appropriate time. 03.10.2016 (1⁄2) gv

O.A.No.4204 of 2015 IN C.S.No.520 OF 2015 M.M.SUNDRESH.,J.

It is submitted by the learned counsel for the applicant that since the suit has already been numbered, the application has become infructuous.

In view of the above submission made by the learned counsel for the applicant, this application is closed.

Post the suit on 06.10.2016.

03.10.2016 gv

M.M.SUNDRESH, J.