IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-10-2025 CORAM THE HON'BLE DR.JUSTICE R.N.MANJULA A. No. 2377 of 2024 in C.S.No.593 of 2003 and A.Nos. 6800 of 2007, 1913 of 2024, OA. No. 265 of 2024 and C.S. Nos. 593 of 2003 & 78 of 2024 A. No. 2377 of 2024 M.S.Ganesh S/o. M.M.Samy, No.502/2, Pantheon Road, Egmore, Chennai 600 008. ..Applicant/Third Party Vs R.S.Kanthimathi (Died) 1.R.S.Sankar S/o.Late R.S.Subramanian, Flat No.7, Sadguru Apartments, Next to Vrindhavan Park and Mahatma Society, Kothrud, Pune 411 039. R.S.Rudra (Died) 2. R.S.Jagan S/o.Late R.S.Subramaniam, No.23/15, D2, Oakwood Apartments, Anderson Road, Opp Sastri Bhavan, Thusand Lights, Chennai 600 006. 3. R.S.Ravi __________ https://www.mhc.tn.gov.in/judis S/o.Late R.S.Subramanian, No.6/1, Church Road, 1st Cross Street, Koramangala 6th Block, Bangalore 560 095. 4. R.S.Meena D/o.Late R.S.Subramanian, No.1204, Maple, L and T Eden Park, M.R.Radha Road, Siruseri, Kelambakkam 603 103. 5. Sivakama Sundari W/o.Late R.S.Viswanathan, Flat No.7, Sadguru Apartments, Next to Vrindhavan Park and Mahatma Society, Kothrud, Pune 411 039. 6. Srikumar Subramanian 7. Karthik S/o.Late R.S.Viswanathan, C/o.R.S.Mohan, Flat No.7, Sadguru Apartments, Next to Vrindhavan Park and Mahatma Society, Kothrud, Pune 411 039. 8. R.Nalini W/o.Late R.S.Rudhra, 9. R.Anusha D/o.Late R.S.Rudhra No.6/27, 3rd Cross Street, Teachers Colony, Jayaram Nagar, Thiruvanmiyur, Chennai 600 041. 10. R.S.Manohar S/o.Late R.S.Subramanian, No.12/84, Second Floor, Spur Tank Road, (Mayor Ramanathan Salai) Chetput, Chennai 600 031. 11. R.S.Mohan S/o.Late R.S.Subramanian, Flat No.L3, Block No.2, __________ https://www.mhc.tn.gov.in/judis YS Enclave Door No.134A, Arcot Road, Virugambakkam, Chennai 600 092. ..Respondent(s) Prayer in A.No.2377 of 2024: To permit the applicant to step in to the shoes of the decree holder Mr.R.S.Jagan by impleading himself as party respondent in the above proceedings in A.No.6800 of 2007 in C.S.No.593 of 2003. For Applicant : Mr. G.M.Ananthakumar ORDER This matter is listed today under the caption "for maintainability". 2. As per the submission of the learned counsel for the applicant, the applicant has filed a civil suit in C.S.No.1033 of 2010 against the 2nd respondent/R.S.Jagan for specific performance. After obtaining decree, he has also filed E.P.No.78 of 2018 and the same is pending. To realise the decreed money, the applicant/third party to the suit in C.S.No.593 of 2003 has filed the present Application No.2377 of 2024 seeking permission to step into the shoes of the decree holder Mr.R.S.Jagan by impleading himself as party respondent in A.No.6800 of 2007 in C.S.No.593 of 2003. It is to be noted that when the suit in C.S.No.593 of 2003 was pending and when the judgment was passed in the said suit, the applicant was not a party to the suit. At this stage, the applicant should not file an application to permit him to step into the shoes of the plaintiff __________ https://www.mhc.tn.gov.in/judis and the defendants merely because he claims to have lent money to any of the parties involved in the suit. The applicant cannot be allowed to invoke a short circuit method of filing an application to implead himself as a party to the suit, which has already been disposed, instead of filing a fresh suit for recovery of money, if at all he has any cause of action against any of the parties. A.No.2377 of 2024 itself is frivolous and the same is dismissed as not maintainable. 13-10-2025 Kj __________ https://www.mhc.tn.gov.in/judis DR.R.N.MANJULA, J. kj A. No. 2377 of 2024 in C.S.No.593 of 2003 and A.Nos. 6800 of 2007, 1913 of 2024, OA. No. 265 of 2024 and C.S. Nos. 593 of 2003 & 78 of 2024 13-10-2025 __________ https://www.mhc.tn.gov.in/judis