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T.N.Raja Gounder (Died) Vs R.K.Muthusasmi (Died) — Madras HC (2025) — LawSathi Research

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T.N.Raja Gounder (Died) Vs R.K.Muthusasmi (Died)T.N.Raja Gounder (Died) v. R.K.Muthusasmi (Died)

Allowed¶52

T.N.Raja Gounder (Died) v. R.K.Muthusasmi (Died)

Madras HC5 Feb 2025CMP/9658/2024

Case brief

AI extract

What is this about?

Madras High Court; CMP 9658/2024 in SA 1293/1988, with SA 1294/1988 and SA 1295/1988; Justice S. S. Sundar; order dated 05-02-2025; substitution of legal representatives / impleadment of legal heirs of deceased 9th respondent as respondents 21 to 23; petition ordered as counsel for legal heirs had no serious objection; appeals posted for final hearing next week. Parties: T.N. Raja Gounder (d.), T.R. Kumararaja (d.), Sivam.K, R.K. Muthusasmi/Muthusami (d.), A. Shanmugham/Shanmugam (d.), A. Muthu, Pappayee (d.), Bakkiam (d.), P. Arumugam; counsel: A. Vinupradha, M. Nallathambi/Nellathambi, R. Radhika, P. Thiagarajan, P. Ravi Shankar Rao, S. Kalyanaraman, J. Rajasekaran, K. Sengottian, L. Mouli, A. Sriram. Purely administrative LR-substitution order; no statute or precedent engaged.

What did the court decide?

Legal heirs of the deceased 9th respondent brought on record as Respondents 21 to 23 in the Second Appeal; Second Appeals directed to be posted for final hearing the following week.

Why is it important?

As the learned counsel appearing for the Legal Heirs raised no serious objections, the petition to bring on record the legal heirs of the 9th respondent as Respondents 21 to 23 in the Second Appeal was ordered. ¶52

What the court decided

AI extract

Outcome

Legal heirs of the deceased 9th respondent brought on record as Respondents 21 to 23 in the Second Appeal; Second Appeals directed to be posted for final hearing the following week.

Issue for consideration

Whether the legal heirs of the deceased 9th respondent may be brought on record as Respondents 21 to 23 in the Second Appeal.

Court's answer

As the learned counsel appearing for the Legal Heirs raised no serious objections, the petition to bring on record the legal heirs of the 9th respondent as Respondents 21 to 23 in the Second Appeal was ordered.

Key takeaways

The Second Appeals were directed to be posted for final hearing in the next week.obiter¶53

Detailed headnote1 paragraphs

Madras High Court (Justice S. S. Sundar), order dated 05-02-2025 in CMP No. 9658 of 2024 in SA No. 1293 of 1988 (companion appeals SA Nos. 1294 and 1295 of 1988): administrative substitution order. The petition filed to bring on record the legal heirs of the deceased 9th respondent as Respondents 21 to 23 in the Second Appeal was ordered, the learned counsel appearing for the legal heirs having raised no serious objections. The Second Appeals were posted for final hearing the following week. Cause-title annotations record earlier substitutions in SA No. 1293 of 1988 effected by court orders dated 01/12/2023 (CMP Nos. 4725 and 4726 of 2021 - LRs of deceased R2 and R10), 04/03/2024 (CMP Nos. 3170, 3176 and 3177 of 2023 - LRs of deceased R7) and 16/04/2024 (LRs of deceased R8). No statutory provision or precedent is cited; the order is purely procedural and carries no ratio legis on any substantive question.

A

CMP NO. 9658 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-02-2025

CORAM

THE HONOURABLE MR JUSTICE S. S. SUNDAR

CMP NO. 9658 of 2024 in SA NO. 1293 OF 1988

and

SA NO. 1295 OF 1988,SA NO. 1294 OF 1988,

T.N.Raja Gounder (Died) T.R.Kumararaja (Died) 1.Sivam.K W/o.T.R.Kumararaja, D.No.151, Vaduka Palayam Kurumpalamahadavi Post, Paramathi Velur Tk, Namakkal, Tamil Nadu 637213 and 3 Others

Appellant(s) Vs R.K.Muthusasmi (Died) A.Shanmugham (Died) 1.A.Muthu, Old No. 170, 171-New No.172 Bunglow St, Tiruchengodu Tk, Namakkal Dist 637211. Pappayee (Died) Bakkiam (Died) and 14 Others Respondent(s) SA NO. 1295 of 1988 T.N.Raja Gounder V Appellant(s) Vs A.Shanmugam S/o.Late Appavu Gounder, and 8 Others Respondent(s) SA NO. 1294 of 1988 P.Arumugam S/o.Palaniappan,Vaithilingam Pillai

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

Street,Tiruchengode Town And Taluk.

Appellant(s)

Vs

R.K.Muthusami (died) S/o.Kandasami Gounder and 8 Others

Respondent(s)

SA NO. 1293 of 1988

T.N.Raja Gounder V and 5 Others

Appellant(s) Vs

R.K.Muthusami(died) S/o.Kandasami Gounder and 19 Others

Respondent(s)

CMP NO. 9658 of 2024

For Appellant(s): M/s. A.Vinupradha For M.Nallathambi

For Respondent(s):

M/s.R.Radhika For P. Thiagarajan-ms/462/1988 For Rr13 To 15

SA NO. 1295 of 1988

For Appellant(s):

M/s.M.Nellathambi

A.Vinupradha

M/s.S.Kalyanaraman For R2R3 - Died (steps Taken)Rr1, 4 And 5 - Died (steps Due)Rr6 To 9 - Tapal Not Yet ReturnedEither Served Or UnservedPrivate NoticeRr1, 4 And 5 - DiedR3 - Died Vide (eb)R2 - Item DeliveredTracking Sheet FiledRr6 To 9 - Aos Not Filed

For Respondent(s): --------------

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

SA NO. 1294 of 1988

For Appellant(s):

M/s.M.Nellathambi

P.Arumugam S/o.Palaniappan,vaithilingam Pillai Street,tiruchengode Town And Taluk. A.Vinupradha Vide Order Dt 26/04/2024

M/s.S.KalyanaramanJ.Rajasekaran For R3Rr2, 4 And 5 - Died (steps Due)Rr7 To 9 - Tapal Not Yet Returned Either Served Or UnservedR1 - Died (steps Taken)Private NoticeRr1, 2, 4 And 5 And 10 - DiedR3 - Item Delivered On(tracking Sheet Filed)Rr6 To 9 - Aos Not Filed (in Both Sa's)Rr1 - Aos Not Filed (in Sa. 1293/1988)

For Respondent(s):

r6 - died vide memo presented c/o dt 26/04/2024

SA NO. 1293 of 1988

For Appellant(s):

M/s.M.Nellathambi

P.Arumugam S/o.Palaniappan,vaithilingam Pillai Street,tiruchengode Town And Taluk. M/s.M.Nallathambi A.Vinupradha Vide Order Dt 26/04/2024 M/s.S.KalyanaramanJ.Rajasekar For

R3M/s.K.SengottianFor Rr8, 9 & 11Rr4 And 5 - Died (steps Due)Rr6 And 11 - Tapal Not Yet ReturnedEither Served Or UnservedR10 - Died (steps Taken)Rr1 And 2 - Died (steps Taken)R7 - Died (vide Court Order Dated 01/12/2023) (steps Due)Batta And 3 Copies Of Memo Of Grounds(amended Grounds) Due Reg Rr12, 16 To 18.Private NoticeRr1, 2, 4, 5 And 10 - DiedR3 - Item

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

Delivered On(tracking Sheet Filed)Rr6 To 9 - Aos Not Filed (in Both Sa's)Rr11 - Aos Not Filed (in Sr.1293/1988)M/s.L.Mouli-ms/993/2003A.Sriramms/216/2018For R12 And R13 For Awaited Cmp.No.3170/2024V/r To M/s P.ThiagarajanPrevious Counsel Consent For R11 To Be Obtained. Hence Returned.

For Respondent(s):

m/s.P.RAVI SHANKAR RAO for rr13 to 15(await cmp)

v/r to m/s.p.thiagarajan for rr9(previous counsel consent to be obtained.hence returned)

v/r to m/s.p.thiagarajan for rr11(previous counsel consent to be obtained.hence returned) m/s.p.thiagarajan r.radhika for rr16,17,18 m/s.P. THIAGARAJAN-MS/462/1988

r.radhika 7464/2023 for proposed respondent(for rr13 to 15 await cmp no 9658 of 2024 )

ORDER

This petition is filed to bring on record the legal heirs of 9^th respondent as Respondents 21 to 23 in the Second Appeal.

2.The learned counsel appearing for the Legal Heirs has no serious objections. Hence this petition is ordered.

3.Post the Second Appeals for final hearing in next week.

05-02-2025

kak

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

CMP NO. 9658 of 2024

To

R.K.Muthusasmi (Died)

A.Shanmugham (Died)

1.A.Muthu, Old No. 170, 171-New No.172 Bunglow St, Tiruchengodu Tk, Namakkal Dist 637211. Pappayee (Died) Bakkiam (Died)

P.Arumugam

S/o.Palaniappa Gounder, Vaidyalingam Pillai St, Tiruchengode 637211, Namakkal Dist.

P.Muthugounder (died) Rajammal (died) M.Murugesan (Died) M.Raju (Died)

3. M.Senthil Kumar

NO.41, 7th St, Rajagoundampalayam, Sooriyampalayam Post 637209 Tiruchengode Tk, Namakkal Dist.

4. Parvathy

W/o.late A.Shanmugham, 1/146 Elampuliyam Palayam Kootapalli, Kootapalli Post 637 214 Tiruchengode Tk, Namakkal Dist.

5. Vasuki

W/o.Muthusamy, SaiBhukadu 1st Street, Sarathi Hotel Back Side, Kootapalli, Kootapalli Post 637214 Tiruchengode Tk, Namakkal Dist.

6. Kalaiselvi

W/o.Balasubramaniyam, Mullai Nagar, Sooramangalam Post, Salem.

7. Sumathi

D/o.late A.Shanmugham, 1/146 Elampuliyam Palayam Kootapalli, Kootapalli Post 637214 Tiruchengodu Tk, Namakkal Dist.

8. Komathy

W/o.M.Raju, NO.40, 7th St, Rajagoundampalayam, Sooriyampalayam Post 637209 Tiruchengode Tk, Namakkal Dist.

9. Naveen

S/o.M.Raju, NO.40, 7th St, Rajagoundampalayam, Sooriyampalayam Post

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

637209 Tiruchengode Tk, Namakkal Dist.

10. Gobhi

S/o.M.Raju, NO.40, 7th St, Rajagoundampalayam, Sooriyampalayam Post 637209 Tiruchengode Tk, Namakkal Dist.

11. Palaniswamy

S/o.late Muthu Gounder, No.40 Rajagoundamapalayam st, Suriyampalayam Post, Thiruchengode Tk, Thiruchengode, Namakkal 637209.

12. Jayammal

D/o.late Muthu Gounder, No.40 Rajagoundamapalayam st, Suriyampalayam Post, Thiruchengode Tk, Thiruchengode, Namakkal 637209.

13. Saraswathi

W/o.Murugesan, No.40 Rajagoundamapalayam st, Suriyampalayam Post, Thiruchengode Tk, Thiruchengode, Namakkal 637209.

14. Sathyamurthy

S/o.Murugesan, No.40 Rajagoundamapalayam st, Suriyampalayam Post, Thiruchengode Tk, Thiruchengode, Namakkal 637209.

15. Gokulapriya

D/o.Murugesan, No.40 Rajagoundamapalayam st, Suriyampalayam Post, Thiruchengode Tk, Thiruchengode, Namakkal 637209.

SA NO. 1295 of 1988

A.Shanmugam S/o.Late Appavu Gounder,

A.Muthu

S/o.Late Appavu Gounder,

R.K.Muthusami Gounder(died) Rajagounder palayam, Tiruchengodu tk, Salem Dt

Pappayee W/o late Appavoo Gounder at 170, Bungalow Street, Tiruchengodu

Bakkiam D/o Late Appavoo Gounder 170, Bungalow Street, Tiruchengod

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

Rajammal 170, Bungalow Street, Tiruchengodu

M. Murugesan 170, Bungalow Street, Tiruchengodu

M.Raju 170, Bungalow Street, Tiruchengodu 9. M. Senthil Kumar 170, Bungalow Street, Tiruchengodu

SA NO. 1294 of 1988

R.K.Muthusami (died) S/o.Kandasami Gounder 2. A.Shanmugam S/o.Appavu Gounder,

A.Muthu S/o.Appavu Gounder

PAPPAAYEE W/o.Appavu Gounder

BAKKIAM D/o.Appavu Goundar,

RAJAMMAL V 7. M.Murugesan V 8. M.Raju V 9. M.Senthil Kumar V

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

SA NO. 1293 of 1988

1. R.K.Muthusami(died) S/o.Kandasami Gounder

A.SHANMUGAM(died) S/o.Late Appavu Gounder,

A.Muthu

S/o.Late Appavu Gounder,

PAPPAYEE

W/o.Late Appavoo Gounder,

BAKKIAM

D/o.Late Appavoo Gounder,

6. P.Arumugam

S/o.Palaniappa Gounder, At Vaidayalinga, Pillai Street, Tiruchengodu Town.

7. P.MUTHU GOUNDER,(died)

S/o.Peria Gounder, At No.42, Street No.2, Kumaran Colony.Vadapalani (rr2 To 5 Are Residing At No.10, Bungalow Street, Tiruchengodu)

8. RAJAMMAL(died)

memo recorded(usr.no .4817)r8 died, rr9 to 11 who are already on record are recorded as lrs of the deceased r8 vide court order dated 16/04/2024 made in sa no 1293 of 1988(ckj)

9. M.Murugesan V

M.RAJU(died) V

M.Senthil Kumar V

12. PARVATHY

W/o.Late. A.Shanmugham, 1/146, Elampuliyam palayam, Kootapalli, Kootapalli Post 637 214, Tiruchenggodu Taluk, Namakkal District.

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

13. Vasuki,

W/o.Muthusamy, SaiBhuKadu - 1st Street, Sarathi Hotel Back Side, Kootapalli, Kootapalli Post 637 214, Tiruchenggodu Taluk, Namakkal District.

14. Kalaiselvi,

W/o.Balasubramaniyam, Mullai Nagar, Sooramangalam Post, Salem.

15. Sumathi,

D/o.Late. A.Shamugham, 1/146 - Elampuliyam Palayam, Kootapalli, Kootapalli Post 637 214, Tiruchenggodu Taluk, Namakkal District.

16. Komathy,

W/o.Raju, No.40, 7th Street, Rajagoundampalayam, Sooriyampalayam Post 637 209. Tiruchenggodu Taluk, Namakkal District.

17. Naveen,

S/o.M.Raju, No.40, 7th Street, Rajagoundampalayam, Sooriyampalayam Post 637 209. Tiruchenggodu Taluk, Namakkal District.

18. Gobhi,

S/o.M.Raju, No.40, 7th Street, Rajagoundampalayam, Sooriyampalayam Post 637 209. Tiruchenggodu Taluk, Namakkal District.

r2 died, rr12 to 15 are brought on record as lrs of the deceased r2 and r10 died, rr16 to 18 are brought on record as lrs of the deceased r10 vide court order dt 01/12/2023 made in cmp nos 4725 and 4726 of 2021 in sa no 1293 of 1988(ckj)

19. PALANISWAMY

S/o.Late.Muthu Gounder, Plot no.41, 2nd Street, Kumaran Colony, Vadapalani, Chennai 600 026

20. JAYAMMAL

D/o.Late.Muthu Gounder, Plot no.41, 2nd Street, Kumaran Colony, Vadapalani, Chennai 600 026 .

r7 died, rr19 and 20 are brought on record as lrs of the deceased r7 vide court order dated 04/03/2024 made in cmp nos 3170,3176 and 3177 of 2023 in sa no 1293 of 1988(gamj)

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

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the legal heirs of the deceased 9th respondent may be brought on record as Respondents 21 to 23 in the Second Appeal.¶51
The court held
As the learned counsel appearing for the Legal Heirs raised no serious objections, the petition to bring on record the legal heirs of the 9th respondent as Respondents 21 to 23 in the Second Appeal was ordered.ratio¶52

Procedural history

How this case reached the court

AI extract

Prior proceeding
The present CMP is filed within pending Second Appeal No. 1293 of 1988.¶4
Prior proceeding
Memo recorded: R8 died, and RR9 to 11, already on record, were recorded as LRs of the deceased R8 vide court order dated 16/04/2024 made in SA No. 1293 of 1988.¶125
Prior proceeding
By court order dt 01/12/2023 made in CMP Nos. 4725 and 4726 of 2021 in SA No. 1293 of 1988, RR16 to 18 were brought on record as LRs of the deceased R10; the same annotation records that RR12 to 15 had been brought on record as LRs of the deceased R2 (text immediately preceding the quoted span in the same paragraph).¶144
Prior proceeding
R7 died; RR19 and 20 were brought on record as LRs of the deceased R7 vide court order dated 04/03/2024 made in CMP Nos. 3170, 3176 and 3177 of 2023 in SA No. 1293 of 1988.¶149

Parties & counsel

AI extract

appellant
T.N. Raja Gounder (died), T.R. Kumararaja (died), 1. Sivam.K W/o. T.R. Kumararaja and 3 others¶7
A. Vinupradha, M. Nallathambi
respondent
R.K. Muthusasmi (died), A. Shanmugham (died), 1. A. Muthu, Pappayee (died), Bakkiam (died) and 14 others¶8
R. Radhika, P. Thiagarajan, P. Ravi Shankar Rao, S. Kalyanaraman, J. Rajasekaran, K. Sengottian, L. Mouli, A. Sriram
appellant
T.N. Raja Gounder¶8
respondent
A. Shanmugam S/o. Late Appavu Gounder and 8 others (SA No. 1295 of 1988)¶8
S. Kalyanaraman
appellant
P. Arumugam S/o. Palaniappan, Vaithilingam Pillai Street, Tiruchengode Town and Taluk (SA No. 1294 of 1988)¶8
M. Nallathambi, A. Vinupradha
respondent
R.K. Muthusami (died) S/o. Kandasami Gounder and 8 others (SA No. 1294 of 1988)¶13
S. Kalyanaraman, J. Rajasekaran
appellant
T.N. Raja Gounder and 5 others (SA No. 1293 of 1988)¶16
M. Nallathambi, A. Vinupradha
respondent
R.K. Muthusami (died) S/o. Kandasami Gounder and 19 others (SA No. 1293 of 1988)¶18

Coram

AI extract

S. S. Sundarauthor¶3

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 5 Feb 2025 · February
Registered: 25 Apr 2024
Case no.: CMP/9658/2024
CNR: HCMA010790532024
Bench: S. S. Sundar
Disposal: ORDERED
Case type: CMP

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Cite this judgement

T.N.Raja Gounder (Died) v. R.K.Muthusasmi (Died), CMP/9658/2024 (MAD), decided on 5 February 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history4

The present CMP is filed within pending Second Appeal No. 1293 of 1988.
Memo recorded: R8 died, and RR9 to 11, already on record, were recorded as LRs of the deceased R8 vide court order dated 16/04/2024 made in SA No. 1293 of 1988.

View full history

Bench / Coram

S. S. Sundar

Parties & counsel