Dr.S.Soundarapandian (Deceased) 1.Mrs.Kothai Soundarapandian And 5 Others v. Madha Residency Hotels P. Ltd. And 9 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.11.2025
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL in C.S.SR.No. 74214 of 2025 --- Dr.S.Soundarapandian (Deceased)
1. Mrs. Kothai Soundarapandian
2. Dr.S.Sivamurugan
3. Dr.S.Ravi Subramaniam
4. Mrs.Usha Sivamurugan
5. Mrs.Usha Ravi Subramaniam ... Applicants / Plaintiffs 2 to 6 in both Applications
6. Mrs. Bhavani Dhinagaravale ... 6th Applicant / Proposed 7th Plaintiff / LR of deceased 1st plaintiff in both applications
Versus
1. M/s. Madha Residency Hotels Private Limited, Represented by its Managing Director Mr.S.Peter, No.1A, Chari street, North Usman Road, T.Nagar, Chennai - 600 017.
2. Mrs.Kunjumol Baby
3. Mrs. Lizzy Sebastian
4. Mrs. Raichal Alexander
5. Mrs. Elsy Robin
6. Mrs. Gracy Thomas
7. Mr.A.A.Thomas 1/5
8. Mrs. Bhuvaneswari, District Registrar, Audit Office, Registrar Office, Arokonam.
9. The Inspector General of Registration, No.100, Santhome High Road, Santhome, Chennai - 600 028.
10. The Sub Registrar, Office of Sub Registrar, Anna Nagar, Chennai - 600 030.
... Respondents / Defendants in both Applications Prayer in A.No.5027 of 2025:- This application has been filed Under Order XIV Rule 8 of OS Rules read with Order 22 Rule 3 CPC read with Section 5 of Limitation Act, seeking to condone delay of 29 days in filing application to bring on record the 6th applicant / proposed party as 7th plaintiff / LR of the deceased 1st plaintiff in the above CS.SR.No.74214 of 2025.
Prayer in A.No.5028 of 2025:- This application has been filed Under Order XIV Rule 8 of OS Rules read with Order 22 Rule 3 CPC read with Section 5 of Limitation Act, seeking to bring on record the 6th applicant / proposed party as 7th plaintiff and recognize the plaintiffs 2, 3 and 4 as Legal Heirs of the deceased 1st plaintiff in the above CS.SR.No.74214 of 2025.
For Applicant : Mr.A.Umasankar 2/5
COMMON ORDER Today, the learned counsel appearing for the applicants filed a memo stating that the suit was originally filed before the City Civil Court, Chennai, in the year 2017, numbered as O.S.5859 of 2017. Thereafter, the case was transferred to the II Additional City Civil Court, Chennai, in the year 2021 and re-numbered as O.S.No.2739 of 2021.
2. The plaintiff filed an amendment application in O.S.No.2739 of 2021 seeking a declaration of title by enhancing the value of the property. The said application was allowed, and consequently, the suit was returned for re-presentation before this Court on the ground of pecuniary jurisdiction. Accordingly, the plaint was re-presented before this Court in April 2025.
3. During the pendency of the suit, the first plaintiff passed away in May 2025. Hence, the present applications have been filed. Since the plaint has not been numbered so far, the learned counsel for the applicants seeks liberty from this Court to withdraw these applications in order to include the legal heirs of the deceased plaintiff in the main suit. 3/5
4. The said memo is recorded.
5. In view of the above, permission is granted to withdraw these applications and carry out necessary amendments in the plaint in accordance with the Procedures and Rules.
6. Accordingly, these applications are dismissed as withdrawn. 03.11.2025 av Index :
Yes/No Speaking Order :
Yes/No :
Yes/No 4/5
P. DHANABAL, J.
av in C.S.SR.No. 74214 of 2025 03.11.2025 5/5