Suseelarani And 2 Others v. S. Kesavan And 3 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-10-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL CS NO. 178 of 2025

1. Suseelarani (late)

2. A.Nalini (late)

3. Kamalakannan Applicant(s) Vs

1. S. Kesavan

2. Y.Meenakshi

3. M.Vinoth Kumar

4. Lakshmi Narayanan Respondent(s) Prayer:

This Application has been filed under Order XIV Rule 8 of O.S.Rules r/w Order VII Rule 14(3) of CPC to allow the present application for filing of 13 Additional documents by the applicants / plaintiffs .

For Applicant(s):

Mr.P.S.Amalraj For Respondent(s):

Mr.A.Bala Singh for R2 ad R3 R1 & R4 - No appearance

ORDER

This application has been by the applicants / plaintiffs to allow the applicants for production of 13 Additional documents. 1/4

2. According to the 3rd applicant, he is the 3rd applicant in this application and 3rd plaintiff in the main Suit and the applicants have filed the main suit for relief of declaration and for consequential injunction and the suit was filed on urgent basis, since the respondents / defendants demolished the entire structure of the property on 21.07.2025. Therefore, the 3rd applicant was unable to produce the documents at the time of filing the suit. The application mentioned documents have been traced out from the residence to establish the continuous possession of the property and those documents are very essential to prove the case, therefore, those documents are to be received and marked.

3. Per contra, the learned counsel appearing for the respondents 2 and 3 strongly opposed to allow this application and submitted that the applicants failed to produce the documents at the time of filing the suit.

4. Heard the learned counsel appearing for the applicant and the learned counsel appearing for the respondents 2 and 3 and perused the documents placed on record.

5. According to the applicants, they are the plaintiffs in the main suit and at the time of filing the suit, they have not produced the application mentioned 2/4

documents, which are essential to prove the case and now only they have traced the documents, hence they have come up with this application.

6. Though the respondents have stated objection for allowing the present application, considering the reasons set out in the application that only now the documents were traced out from the residence of the applicants and those documents are very essential documents to prove the case and considering the facts and circumstances of the case, this application is allowed and the application mentioned documents can be received subject to proof, relevancy and admissibility.

7. The respondents/defendants are at liberty to raise objection in respect of the documents, i.e., sought to be received at the time of marking. 29-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssd 3/4

P.DHANABAL J.

ssd A No. 4463 of 2025 IN C.S No. 178 of 2025 29-10-2025 4/4