Anu Varghese v. Babu Daniel

2025:MHC:1736

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.07.2025 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH and THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR and C.M.P.Nos. 18481, 18482 of 2021 & 3079 of 2022 Anu Varghese .. Appellant vs 1.Babu Daniel 2.The Madras Medical Mission, Rep. by its Honarary Secretary, No.4-A, Dr.J.Jayalalitha Nagar, Mogappair East, Chennai - 600 037.

3.The Hon.Secretary, The Madras Medical Mission, No.4-A, Dr.J.Jayalalitha Nagar, Mogappair East, Chennai - 600 037.

.. Respondents Prayer : Appeal filed under Order XXXVI Rule 1 of O.S. Rules read with Clause 15 of the Letters Patent against order dated 01.10.2021 made in O.A.No. 251 of 2021 in C.S.No. 159 of 2021.

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For Appellant :

Mr.V.Vijay Narayan, Senior Counsel for Mr.Hari Radhakrishnan For Respondents :

Mr.Thomas T Jacbo for R1 Mr.N.L.Rajah, Senior Counsel for M/s. BFS Legal for Mr.D.Ferdinand, for R2, R3

JUDGMENT

(Delivered by Dr. ANITA SUMANTH.,J) We have heard Mr.V.Vijay Narayan, learned Senior Counsel for Mr.Hari Radhakrishnan, for the appellant, Mr.Thomas T Jacbo, learned counsel for R1, Mr.N.L.Rajah, learned Senior Counsel for Mr.D.Ferdinand, learned counsel for R2 & R3.

2.

We are of the view that the suit must itself be pursued and disposed at the earliest and, in fact, are given to understand that the same is ripe for hearing. Let the suit be listed for hearing on 30.07.2025, to continue from the stage prior to filing of the present OSA. 3.

As far as present appeal is concerned, the parties would bring to attention the interim injunction granted by this Court on 06.09.2009, extended until further orders on 09.02.2022. In view of the fact that the interim injunction is in force till date, the same will continue till the disposal of the suit, subject to any modification that the learned 2/4

Judge may wish to make in the course of the suit proceedings. 4.

Learned counsel for R1 points out that, taking advantage of the interim order, there have been critical changes that have been effected and the same may be taken note of by the learned Judge in either modifying the existing interim order or disposing the suit itself, at his / her discretion.

5.

Since the suit is of the year 2021, the learned Single Judge is requested to dispose of the same within a period of four months from today. This Original Side Appeal stands disposed in terms of this order. No costs. Connected miscellaneous petitions are closed. [A.S.M., J] [N.S., J] 18.07.2025 Index:Yes/No ssm To The Sub Assistant Registrar, Original Side, High Court, Madras.

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DR. ANITA SUMANTH, J.

and N.SENTHILKUMAR, J.

ssm 18.07.2025 4/4