E.Jeevanandam Vs Mrs.Rajalakshmi Sunkavally — Madras HC (2025) — LawSathi Research

E.Jeevanandam Vs Mrs.Rajalakshmi Sunkavally — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

The application was closed rather than allowed; the applicant was granted liberty to renew it upon obtaining a favourable order in proceedings challenging the Court's order dated 21.08.2025, and the Registry was directed not to list C.S.No.216 of 2010 with the other suits/applications (C.S.Nos.673 and 656 of 2008). Permission to deposit the balance sale consideration was not granted.

Issue for consideration

Whether the applicant/plaintiff should be permitted to deposit the entire balance sale consideration of Rs.1,99,68,000/- pertaining to the suit schedule property. +1 more

Ratio / Principle

As the earlier applications to bring on the legal heirs of the deceased sole defendant were dismissed by order dated 21.08.2025 and the suit thereby abated, the plaintiff cannot take out the present application unless that order is challenged and set aside.

Key takeaways

The application is closed, granting the applicant liberty to renew it if he obtains a favourable order in any proceedings he files challenging the order of this Court dated 21.08.2025.ratio¶19
The Registry is directed not to list C.S.No.216 of 2010 along with the other suits and applications pertaining to C.S.No.673 of 2008 and 656 of 2008.ratio¶21

Detailed headnote1 paragraphs

Madras High Court (Dr. Justice R.N. Manjula, 17.11.2025): Application A.No.2222 of 2023 in C.S.No.216 of 2010 by the plaintiff E.Jeevanandam under Order XIV Rule 8 of OS Rules r/w Section 151 C.P.C. seeking leave to deposit the entire balance sale consideration of Rs.1,99,68,000/- for the suit schedule property against respondent Rajalakshmi Sungavally. Since the earlier applications to bring on the legal heirs of the deceased sole defendant had been dismissed by the Court's order dated 21.08.2025 and the suit had abated, the Court held the plaintiff could not take out this application unless that order was challenged and set aside; the application was closed with liberty to renew upon a favourable order in such challenge proceedings, and the Registry was directed not to list C.S.No.216 of 2010 with the suits/applications in C.S.Nos.673 and 656 of 2008.

A.No.2222 of 2023 in C.S.No.216 of 2010

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2025

CORAM

THE HONOURABLE DR.JUSTICE R.N.MANJULA

A.No.2222 of 2023 in C.S.No.216 of 2010

E.Jeevanandam

... Applicant

Vs.

Rajalakshmi Sungavally ... Respondent

Application filed under Order XIV Rule 8 of OS Rules R/w. Section 151 C.P.C. to permit the applicant / plaintiff to deposit the entire balance sale consideration of Rs.1,99,68,000/- (Rupees One Crore Ninety Nine Lakhs Sixty Eight Thousand Only) pertaining to the suit schedule property.

For Applicant : Mr.S.Thanka Sivan For Respondent : Mr.C.Thiagarajan

ORDER

This Application has been filed by the applicant / plaintiff to pass an order permitting him to deposit the entire balance sale consideration of Rs.1,99,68,000/-

(Rupees One Crore Ninety Nine Lakhs Sixty Eight Thousand Only) pertaining to the suit schedule property.

The earlier applications filed to bring on the legal heirs of the deceased / sole

https://www.mhc.tn.gov.in/judis

A.No.2222 of 2023 in C.S.No.216 of 2010

defendant has been dismissed by virtue of the order dated 21.08.2025. In such case the suit itself got abated. Unless the order dated 21.08.2025 is not challenged and set aside, the plaintiff cannot have the liberty to take out an application of this nature. Hence this application is closed granting liberty to the applicant to renew this application, in case, he gets favourable order in the event of any proceedings filed by him challenging the order of this Court dated 21.08.2025.

In view of the same, Registry is directed not to list C.S.No.216 of 2010 along

with the other suits and applications pertaining to C.S.No.673 of 2008 and 656 of 2008.

17.11.2025 (1/2) Index : Yes/No Speaking Order : Yes / No mtl

https://www.mhc.tn.gov.in/judis

A.No.2222 of 2023 in C.S.No.216 of 2010

DR. R.N.MANJULA, J.,

mtl

A.No.2222 of 2023 in C.S.No.216 of 2010

17.11.2025

https://www.mhc.tn.gov.in/judis