Dismissed¶77

Ru-Ah Ministries v. B.Anand Raja Durai

Madras HC11 Mar 2025CMP/5098/2025

Case brief

AI extract

What is this about?

Cause title amendment refused; affidavit by authorised signatory J.Immanual held sufficient; Ru-ah Ministries v. B.Anand Raja Durai; OSA SR No.170656 of 2024 numbering and admission listing 17.03.2025 with OSA No.68 of 2025; Madras High Court Original Side; arises from Single Judge order dt. 25.10.2024 in A.Nos 4667/2024 in E.P. No. 110/2023; trust representation; caveator respondent.

What did the court decide?

None to the petitioner on the CMP; the miscellaneous petition seeking acceptance of an altered cause title was dismissed, with the Registry directed to number OSA SR No.170656 of 2024 with the cause title as originally filed (if otherwise in order) and list it for admission on 17.03.2025 along with OSA No.68 of 2025. ¶77

Ru-Ah Ministries Vs B.Anand Raja Durai — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶77

Issue for consideration

Whether the cause title of OSA SR No.170656 of 2024, as originally filed, requires amendment to reflect that only J.Immanual is presently available to execute the petition on behalf of the Trust. +1 more

¶64

Court's answer

There is no necessity to amend the cause title; it should remain in line with the cause title in the application as originally filed.

¶68

Ratio / Principle

It suffices that the affidavit be filed by J.Immanual; the identical course adopted in OSA No.68 of 2025 (affidavit in CMP No.4627 of 2025 with cause title unaltered) will be followed in the present case as well.

¶72

Key takeaways

The Registry is directed to number the Original Side Appeal with the cause title as originally filed, if otherwise in order, and list it for admission on 17.03.2025 along with OSA No.68 of 2025.ratio¶78

Detailed headnote1 paragraphs

Madras High Court (Anita Sumanth and C.Kumarappan JJ., order made by Anita Sumanth J.), 11-03-2025: CMP No.5098 of 2025 filed alongside un-numbered OSA SR No.170656 of 2024 (Ru-ah Ministries v. B.Anand Raja Durai) sought acceptance of a cause title reflecting J.Immanual as the only person presently available to execute the petition on behalf of the Trust. The Court held there was no necessity to amend the cause title, which should remain as originally filed; it would suffice that the affidavit be filed by J.Immanual, following the identical course already adopted in OSA No.68 of 2025 (affidavit in CMP No.4627 of 2025 with cause title unaltered). CMP No.5098 of 2025 was dismissed and the Registry directed to number the Original Side Appeal with the original cause title, if otherwise in order, and list it for admission on 17.03.2025 along with OSA No.68 of 2025. The appeals arise from an order dated 25.10.2024 of a Single Judge in A.Nos 4667/2024 in E.P. No. 110/2023. Purely procedural order; no statute or precedent cited.

¶1

CMP No. 5098 of 2025

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 11-03-2025

¶4

CORAM

¶5

THE HONOURABLE DR JUSTICE ANITA SUMANTH AND

¶6

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

¶7

CMP No. 5098 of 2025

¶8

AND

¶9

OSA SR NO. 170656 OF 2024,CMP NO. 4627 OF 2025,OSA NO. 68 OF 2025

¶10

Ru-ah Ministries Rep. by Authorized Signatory Mr.J.Immanual, No.20/28, Dr.Ambedkar Main Road, Samiyar Madam Bus Stop, (Opp. HDFC Bank and behind Madra Kitchen) Kodambakkam, Chennai - 600024.

¶11

Appellant(s)

¶12

¶13

B.Anand Raja Durai Good Shepard Square, Door No.82, Kodambakkam High Road, Nungambakkam, Chennai 600 034.

¶14

Respondent(s)

¶15

OSA SR No. 170656 of 2024

¶16

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

CMP No. 5098 of 2025

1. Ru-ah Ministries

Appellant(s)

B.Anand Raja Durai

¶23

Respondent(s)

¶24

CMP No. 4627 of 2025

¶25

Ru-ah Ministries Rep by its Managing Trustee, Mr.E.Alwin Thomas, No. 20/28, Dr.Ambedkar Main Road, Samiyar Madam Bus Stop, (Opp. HDFC Bank and behind Madra Kitchen), Kodambakkam, Chennai 024

¶26

Appellant(s)

¶27

¶28

B. Anand Raja Durai Good Shepherd Square, Door No. 82, Kodambakkam High Road, Nungambakkam, Chennai 034

¶29

Respondent(s)

¶30

OSA No. 68 of 2025

¶31

Ru-ah Ministries Rep by its Managing Trustee, Mr.E.Alwin Thomas, No. 20/28, Dr.Ambedkar Main Road, Samiyar Madam Bus Stop, (Opp. HDFC Bank

¶32

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

¶33

¶34

CMP No. 5098 of 2025

¶35

and behind Madra Kitchen), Kodambakkam, Chennai 024

¶36

Appellant(s)

¶37

¶38

B. Anand Raja Durai

¶39

Good Shepherd Square, Door No. 82, Kodambakkam High Road, Nungambakkam, Chennai 034

¶40

Respondent(s)

¶41

CMP No. 5098 of 2025

¶42

PRAYER

¶43

To accept the cause title as furnished in OSA Sr.No. 170656 of 2024

¶44

OSA SR No. 170656 of 2024

¶45

PRAYER

¶46

CMP No. 4627 of 2025

¶47

PRAYER

¶48

To stay the operation of the order of the learned judge dt. 25.10.2024 passed by the Honble Single Judge of this Honble Court in A.Nos 4667/2024 in E.P. No. 110/2023 pending the disposal of the appeal.

¶49

OSA No. 68 of 2025

¶50

PRAYER

¶51

To set aside the impugned order dt. 25.10.2024 in A.Nos 4667/2024 in E.P. No. 110/2023

¶52

CMP No. 5098 of 2025

¶53

For Appellant(s): S.P.Arthi S.P.Nagaraj M.S.Niranjhan

¶54

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

CMP No. 5098 of 2025

G.Indhimathi

For Respondent(s): M/s P.B.Ramanujam Associates Counsel Caveator For Sole Respdt

¶59

ORDER

¶60

(Order of the Court was made by Anita Sumanth J.)

¶61

CMP No.5098 of 2025 is filed seeking to accept the cause title. Having

¶62

heard both learned counsel, we believe that there is no necessity to amend the

¶63

cause title.

¶64

It is the case of the petitioner that it is only one J.Immanual who is

¶65

available at present to execute the petition on behalf of the Trust. In such an

¶66

event, it would suffice that the affidavit be filed by the said individual and there

¶67

is no necessity to amend the cause title, which should remain in line with the

¶68

cause title in the application as originally filed.

¶69

To be noted, in OSA No.68 of 2025, also involving the same parties, an

¶70

identical course of action had been adopted by the petitioner, in that, an affidavit

¶71

was filed in CMP No.4627 of 2025 (in OSA No.68 of 2025) by J.Immanual but

¶72

the cause title remains unaltered. The same approach will be followed in the

¶73

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

¶74

¶75

CMP No. 5098 of 2025

¶76

present case as well.

¶77

CMP No.5098 of 2025 is thus dismissed and the Registry is directed to

¶78

number the Original Side Appeal with the cause title as originally filed, if it is otherwise in order, and list the same for admission on 17.03.2025, along with

¶79

OSA No.68 of 2025.

¶80

(ANITA SUMANTH J.)(C.KUMARAPPAN J.) 11-03-2025

¶81

¶82

Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

¶83

CMP No. 5098 of 2025

¶84

¶85

1.B.Anand Raja Durai Good Shepard Square, Door No.82, Kodambakkam High Road, Nungambakkam, Chennai 600 034.