The Siloam Evangelical v. Meenakshi Achi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 03RD DAY OF MARCH 2017 THE HON'BLE MR. JUSTICE P.VELMURUGAN A.No.24 of 2017 in C.S. No.83 of 1965 C.S. No.83 of 1965:- Meenakshi Achi No.30-A, Lange Garden Road, Chennai 600 002 .. Plaintiff Vs 1.PL.CT.SP.Subramanian Chettiar (Died) Residing at Gaiety Theatre, Blackers Road, Mount, Chennai 600 003.

2.PL.CT.PL Palaniappa Chettiar (Died) C/o C.T Transport Residing at Namakkal Salem District 3.CT.Senthilnathan Chettiar, Residing at No.40-B Rathna Nagar, Royapettah, Chennai 14 4.Sivakami Achi (Died) Residing Manoranjitham Street, Devakottai, Ramanathapuram District.

5.Umayal Achi (Deceased) Residing Sivankoil South Street, Devakottai, Ramanathapuram District.

6.Valliammai Achi (Died) Residing at Karthaoorani East Street, Devakottai, Ramanathapuram District.

7.Andiappan, Residing at T.S.PL.P House Manoranjitham Street, Devakottai, Ramanathapuram District.

8.M.Subbiah, Proprietor of Mani & Co Residing at Rasipuram, Salem District

9.Narayanan Chettiar, Residing at No.5, Williams Road, Cantonment, Tiruchirapalli 10.TA.S.R.M.A.A.R.M.Annamalai Residing at Tiruchulli House Vatanam Road, Devakottai Ramanathapuram District. (defendants 7 to 10 added as per order of court dated 3.07.1970 in Application no.344 of 1970) 11.Abdul Hameed Sahib Residing at Vice Chairman E V Nanchappa Chettiar Road, Erode Town, Coimbatore District.

12.Senkoda Gounder, Residing at Chidambaram Chettiar Colony, Erode Town, Coimbatore District.

13.Sampoornam Residing at Chidambaram Chettiar Colony, Erode Town, Coimbatore District.

14.Ramasami Gounder, Residing at Chidambaram Chettiar Colony, Erode Town, Coimbatore District.

15.Manickam Residing at 18, Muthu K.R.Street, 16.V.Lakshmi, Residing at R.M.K.House Alampattar Street, 17.Kamalammal Residing at No.28, Muthu K.R.Street, 18.Lakshmanan 39, Teacher Panchayathu Union School Thottiyam, Trichy District.

19.Viswanathan Panchyath Union Office, Krishna Raja Puram Kulithalai Post

20.N Nagappan, K R Street, 21.N.Muthukrishnan, Residing at 1/20, Muthu KR Street, 22.Nagammai Ari Oli Illam, Kallu Pattu (Via) Karaikudi, Ramnad District 23.N. Nagammai No.20, Muthu KR Street, (Defentants 11 to 23 added as per order of court dated 12.01.1977 in A.No.278 of 1976) 24.The Official Receiver, Ramanathapuram, Madurai (Defendant 24 added as per order of Court dated 23.06.1978 in A.No.151 of 1978) 25.RM.Meenakshisundaram Chettiar 26.M.Veerappan (Defendants 25 to 26 added as per order of court dated 23.12.1986 in A.No.214 of 1986) 27.Narayanan 28.Renganayaki residing at Karunanithi Theru Ulaganthapuram Trichy 29.Thendayutham 30.Natarajan 31.Thangamani 32.Arumugam 33.Chithirai 34.Mathi

35.Thangaraj 36.Durai 37.Shanmugam 38.Palamuthu 39.Maruthai 40.Auto Mani (Defendants 27, 29 to 40 Residing at Karunanithi Theru, Ulaganthapuram Trichy) 41.Kamatchiammal Residing at Mudugupati 42.N.Manokaran Residing at Kamurutheen Street, Kallukuzhi, Thrichirapalli 43.Irulappan, Residing at Pudukottai Road, Tolgate Trichy 20 44.Sebestian Residing at Pudukottai Road, Tolgate, Trichy 20 45.Vellasami Residing at East Pullivar Road, Rajalingam Lorry Shed, Trichy 46.M Ponnan Residing at East Pullivar Road Rajalingam Lorry Shed, Trichy 47.C.Velu Residing at Ulaganthapuram Kallukudi (Defendants 27 to 47 added as per order of court dated 28.9.2007 in A.No.1347 of 1988) 48.Thoni Prakathambal Achi Residing at NO.2, Manoranjitham Street,

49.Umayal Achi Residing at No.2, Manoranjitham Street, 50.S.P.Meenakshi Sundaram Residing at No.5, Williams Road, Contonment, Trichi 51.S.P.Chidambaram Residing at No.5, Williams Road, Contonment, Trichi 52.S.P.Palaniappan Residing at No.11/M Braacks Colony, E.V.R. Road, Pudut, Trichy.

53.S.P.Ravi, Residing at A.P.738, G Block, 2nd Street, Anna Nagar West, Blue Star Post Office, Madras 54.SP Subramanian, Office at Sakthi Finance, Dr. Nanjappa Road, Coimbatore 55.V.Umayal, 56.S.Meenal Residing at Krishnasamy Ashew, Luz Church Road, Mylapore 600 004 57.C.Sivagamai Residing at Geethanjali B, Ajmeera Housing Complex, Primpari, Pune 411 018 58.S.Sivagami Residing at No.2, Manoranjitha Street, 59.M.Meena Residing at C/o RM Manikkam, Tan India Limited, Mettupalayam 60.PL.Valli Residing at No.5, Ramakrishna Road, T.Nagar, Madras 600 017

61.L.Meenal Residing at No.2, Manoranjitha Street, 62.E.Swarna Residing at No.2, Manoranjitha Street, (Defentants 48 to 62 added as per order of court dated 06.09.1991 in A.No.1845 of 1990 as extended by order dated 04.10.2007 of the Court in C.S.No.83 of 1965) 63.Annamayil@Azhagammal Residing at 8th Street, II Street Vaishanvi Nagar, Railway Car Shed Complex Post, Madras 109 (Defendant 63 added as per order court of dated 23.03.1998 in A.No.787 of 1997 as extended by order dated 4.10.2007 of the court in C.S.No.83 of 1965) 64.Meenakshi Narayanan D.No.5, Naveed Castele, New NO.20, Balakrishna Road, Mylapore Ch 600 004.

65.Namagiri Narayanan 3D, Sp.L.Uma Apartment, No.34, Luz Church Road, Mylapore Chennai 600 004 66.L.Sivagami Lakshmanan No.60-B, Eaden Garden, 5th Main Road, Srinivasanagar, Trichy 620 017 67.B.Renganayaki Balachandran No.16, New Raja Colony Srivariee House, Beemanagar, Trichy 620 001 68.V.Usha Vellayan No.173, West Sambadam Road, R.S.Puram, Coimbatore 2 69.V.Shanthi Venkatachalam D4, Lakshmi Flat, No.179, Lloyds Road, Royapettah, Chennai 600 014

70.VR.Vijayalakshmi Veerappan 13/29, Manavika Flat, No.5, Balajinagar, 1st Street, Royapettah, Chennai 600 014 71.Lakshmi Narashiman No.3, Manoranjitham Street, Karur House, Devakottai 630 302 72.PL.Senthil F.No.2, Rajeshwari Apartment, 25/26, Warren Road, Mylapore Ch 600 004 73.C.Chellammai Chidambaram W/o Late PL.Chidambaram No.2/212/1, Thamarai Theru Ezhil Nagar, BHEL Township Trichy 620 014 74.M.Muthulakshmi W/o.T.Muthukarruppan No.31/49, Car Street, Karur.

(Defendants 64 to 73 are impleded as legal heirs of deceased 2nd defendant as per order in A.No.7616 of 2015 dated 23.01.2015) 75.N.Meenal W/o S.Narayanan New NO.1, Cresent Street, Seethammal Colony, Alwarpet, Chennai 18 (Defendants 74 to 79 are impleded dated 15.02.2016 in A.Nos.3108 and 3694 of 2012) 76.Nalini Arulmozhi, W/o Arulmozhi No.6, PL.A.Street, 77.L.S.Vadivel @ L.Senthilvadivel No.6, Rukumani Flat, Saragapani Street, T.Nagar, Chennai 17 78.L.Chidambaram @ Kittu A-3, Sreya Nandhini Apartment 3rd Floor, No.95/125, St.Marys Road, Chennai 18

79.T.Sivagami W/o PL.Thinappan, No.17/13, State Bank of India Colony, Tarapuram Road, Udamalpet, Tirupur District .. Defendants A.No.24 of 2017:- The Siloam Evangelical Mission Private Ltd 9, Ranga Nagar, Subramaniapuram, Trichy 620 020 .. Applicant Vs.

Meenakshi Achi W/o Karuppan Chettiar No.30-A, Lange Garden Road, Chennai 600 002 .. Respondent Application praying that this Hon'ble Court be pleased to recall the order dated 21 December 2016 in A.No.5132 of 1992 in A.No.4085 of 1984 in C.S.No.83 of 1965. This application coming on this day before this court for hearing the court made the following order: The applicant herein is the third party in the suit. The applicant has filed this application to recall the order dated 21.12.2016 in A.No.5132/1992 in A.No.4085/1984 in C.S.No.83/1965.

2. The learned counsel for the applicant would submit that the application in A.No.5132/1992 was filed by the respondent/plaintiff for impleading this applicant in A.No.4085/1984. The said application was pending from 1992 till 21.12.2016. When the matter came up before this court

for hearing on 21.12.2016, either the applicant or the counsel were present on that day. The application was dismissed as withdrawn based on the endorsement made by the learned counsel for the plaintiff/applicant therein. The application ought not to have been allowed to dismiss as withdrawn since before withdrawing the said application, the applicant ought to have been given an opportunity for making his submission. Therefore, the order passed by this court dated 21.12.2016 has got to be recalled and has placed reliance on the judgment of Seethai Achi Vs. Meyyappa Chetti and others reported in LXVI MLJ 517.

3. On perusal of the records with reference to the A.No.5132/1992, it is seen that the application was filed by the respondent/applicant to implead the proposed parties as respondents in the final decree application in A.No.4085/1984. The notice was served to the proposed parties. The applicant entered appearance through counsel and has also filed counter affidavit. The prayer in the counter affidavit was that dismissal of the impleading application. Even that application was pending from the year 1992 till December, 2016 which shows that the applicant herein vehemently contested that application and objected to implead them as respondents in A.No.4085/1984. In the meanwhile, the applicant has filed two applications viz., A.Nos.3108/2012 and 3694/2012. The A.No.3108/2012 was filed by this applicant to implead the applicant as one of the respondents in the final decree

Application.No.4085/1984 and the application in A.No.3694/2012 was filed to appoint a fresh Advocate Commissioner to note down the physical features of the property. Even though these two applications were filed in the year, 2012, they were also pending till December, 2016. The A.No.5132/2012 filed by the respondent/plaintiff herein and A.No.3108/2012 filed by the present applicant against the respondent are for one and the same relief that the applicant has got to be impleaded in the final decree application in A.No.4085/1984.

4. When the matter came up before this court on 20.12.2016, both the learned counsel have summarised the history of the cases and the matter was adjourned to the 21.12.2016 for further hearing. On that day, the learned counsel for the applicant in A.No.5132/1992 has made an endorsement to the effect that he is withdrawing the application and prayed for dismissal of the application. After careful consideration of the fact that since two applications are pending for the same relief, the application in A.No.5132/1992 was pending from 28.10.1992 till 21.12.2016, the counter filed by this applicant in that application shows that the applicant herein/respondent therein has vehemently opposed to allow the said application and further the application filed by the present applicant in A.No.3108/2012 was also pending and on 21.12.2016, the court felt that the application was unnecessarily pending and therefore, the court has

dismissed that application as withdrawn. Thereafter, now this applicant has filed the present application to recall the order passed by this court on 21.12.2016 in A.5132/1992.

5. There is no quarrel with the proposition laid down in the judgment cited by the learned counsel for the applicant. But the authorities submitted by the learned counsel for the petitioner is not applicable to the present application on hand.

6. On careful perusal of the entire records and considering the facts and circumstances of the case since the applicant has vehemently opposed to allow the application in A.No.5132/1992 and after dismissal of the said application, the present application filed by the applicant herein to recall the dismissal order passed by this court is not sustainable and the order passed by this court on 21.12.2016 need not be recalled. In view of the above said circumstances, this application is liable to be dismissed.

In the result, this application is dismissed as not maintainable.

Sd/.P.V.J 03.02.2017 //Certified to be a true copy// Dated this the day of 2017. gm/03.03.2017 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.