P.Samson Paul Raj v. Rev.D.Soundarapandiyan

CMP NO. 28933 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-12-2024

CORAM

THE HONOURABLE MR JUSTICE S. S. SUNDAR AND THE HONOURABLE MR.JUSTICE P. DHANABAL CMP NO. 28933 of 2024 in OSA SR NO. 168516 OF 2024 P.SAMSON PAUL RAJ CORRESPONDENT, SARAH TUCKER COLLEGE, PALAYAMKOTTAI, TIRUNELVELI DIST.

APPELLANT(S) Vs REV.D.SOUNDARAPANDIYAN S/O.DANIEL, CORRESPONDENT/SECRETARY, SARAH TUCKER COLLEGE, PALAYAMKOTTAI, TIRUNEVELI DIST. RESIDING AT NO.14/7, 4TH STREET, SASTHRI NAGAR, TONDIARPET, CHENNAI - 600 081. AND 5 OTHERS RESPONDENT(S) Prayer : Petition filed under Section Order XIV Rule 8 of Original Side Rules to grant leave to the appellant to prosecute the appeal as appellant. OSA SR NO. 168516 of 2024 P.SAMSON PAUL RAJ APPELLANT(S) Vs REV.D.SOUNDARAPANDIYAN AND 5 OTHERS RESPONDENT(S)

Prayer : Original Side Appeal filed under Order 36 Rule 9 of Original Side Rules r/w. Clause 15 of Letters Patent against the order and decree in O.A.No.783 of 2024 in C.S.No.247 of 2024 dated 25.11.2024.

For Appellant(s):

MR.S.R.RAGUNATHAN FOR M/S.S.V.SUNDARA RJAN For Respondent(s):

MR.P.H.ARVIND PANDIAN, SENIOR COUNSEL FOR M/S. KARTHIKEYAN ANBAZHAGAN FOR R1

ORDER

(Order of the Court was made by the Hon'ble S.S.Sundar J.) This petition is filed to grant leave to the petitioner to prosecute the appeal as appellant. 2.This Court finds that the petitioner was earlier made a party in the writ proceedings. However, almost raising similar grounds, the suit is filed. Therefore, the learned counsel for the petitioner states that the petitioner is a proper and necessary party in the suit and that the interim order is passed without considering the previous order that was passed in the earlier writ petition filed by the plaintiff. 3.Having regard to the facts stated in the affidavit filed in support of the petition, this Court, without going into the merits of the contentions raised by the petitioner, is inclined to grant leave.

4.Accordingly, this petition is ordered.

(S.S.SUNDAR J.) (P.DHANABAL J.) 16-12-2024 MKN