Arumugam(Died), Balaji v. Sri Prasanna Vinayagar Temple

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.08.2025

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI CRP.(PD).No.2926 of 2025 and CMP.No.16471 of 2025 Arumugam (died) Balaji ...

Petitioner Vs.

Sri Prasanna Vinayagar Temple At Palavayal Road, Agaram, Jawahar Nagar, Chennai - 82.

Rep by its Secretary, Mr.T.Visvesiah ...

Respondent Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the order dated 03.10.2024 in M.P.No.1 of 2024 in Ejectment Suit No.25 of 2002 on the file of the IV Small Causes Court, at Chennai.

For Petitioner : Mr.R.Thenamirtha Shyamala For Respondent : No appearance 1/4

ORDER

The Civil Revision Petition has been filed to set aside the order dated 03.10.2024 in M.P.No.1 of 2024 in Ejectment Suit No.25 of 2002 on the file of the IV Small Causes Court, at Chennai.

2.Heard Mr.R.Thenamirtha Shyamala, learned counsel for the petitioner. There is no representation on the side of the respondent. 3.However, it is brought to my notice by the learned counsel for the petitioner that in an identical situation and in connected matters, this Court in CRP Nos.396 to 399 of 2025 by an order dated 16.04.2025, has set aside the impugned order passed by the trial Court. The present suit is also filed by the same temple as plaintiff as against different tenants. The learned counsel would also state that the plaint averments and allegations in all the suits are identical and they were all filed on the same date as well. In the light of the order in CRP.Nos.396 to 399 of 2025 dated 16.04.2025, I am inclined to set aside the impugned order passed by the trial Court. 2/4

4.Accordingly, the civil revision petition is allowed by giving liberty to the respondent temple to file fresh application for bringing on record the Legal Representatives of the deceased/defendant in the Ejectment suit. The trial Court shall take into account pendency of the proceedings before the High Court and his act of intimation of date of death to the plaintiff temple while deciding the fresh application, if any filed. No costs. Consequently, connected miscellaneous petition is closed.

05.08.2025 Speaking/Non-speaking : Yes/No Index : Yes / No Internet : Yes / No sms To The IV Small Causes Court, at Chennai.

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P.B. BALAJI,J.

sms CRP.(PD).No.2926 of 2025 and CMP.No.16471 of 2025 05.08.2025 4/4