G.Bharathan v. Sathya Sai Mandali Trust

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.09.2016

CORAM

THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE MR. JUSTICE R.MAHADEVAN O.S.A.No.230 of 2010 1.G.Bharathan 2.M.Satya Narayanan 3.N.Nagarajan .. Appellants vs 1.Sathya Sai Mandali Trust, rep. by its Managing Trustee M.L.Leela(*) Office at 185, Anna Salai, Madras-32.

(*) died on 20.6.1999. LR not added as per order dt.22.7.99 on the Memo (Amended as per order dt. 22.7.99 on Memo) 2.M.L.Ramakrishnan .. Respondents Appeal filed under Order XXXVI, Rule 1 of Original Side Rules read with Clause 15 of Letters Patent against the order dated 29.09.2009 made in Application No.709 of 1995 in C.S.No.858 of 1991.

For Appellant .. Mr.M.S.Subramanian For Respondents .. No Appearance

JUDGMENT

(Judgment of the Court was delivered by The Hon'ble Chief Justice) The substance of the appeal is only that while permitting impleadment of the appellants, pursuance whereto they have filed the written statement, a formal order setting aside the earlier order was not passed. This can hardly be the subject matter of an appeal. In our view, the appellant ought to have moved the learned Single Judge at the relevant time. Mere lapse of time https://hcservices.ecourts.gov.in/hcservices/

would not change anything and thus, the same course has to be followed even now.

2. We are thus close the appeal with liberty to the appellant to move the learned Single Judge. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar bbr To The Sub Assistant Registrar, Original Side, High Court, Madras.

1 cc to M/s.Subramanian, Advocate, sr.49909 O.S.A.No.230 of 2010 nr co kra 16.09.2016 https://hcservices.ecourts.gov.in/hcservices/