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2026 DAILYLAW 56782 (MAD)

COLLA VENKATA CHANDRASEKAR CHETTY v. R. MURALI AND 21 OTHERS

A/3224/2026 · 2026-07-29

A D Maria Clete

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

A No. 3224 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-07-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE A No. 3224 of 2026 in CS NO. 649 OF 2003 Colla Venkata Chandrasekar Chetty DHARMAKARTHA, Having Office at Sri Kanyaka Parameswari Devasthanam and Charities No.1, Audiappan Naicken Street, Chennai 600 001. ..Applicant(s) Vs 1. R. Murali (Deceased) 2. Rajeswari Prasad 3. Vummidi Surendra 4. Sri Kanyaka Parameswari Devasthanam and Charities No.1, Audiappan Naicken Street, Chennai 600 001 Rep.by Committee of Management 5. M.Venkatesaperumal 6. B.Muthukrishnan 7. V.Srinivasan 8. P.Madhusudhan 9. Vummidi Srihari 10.D.V.S.Guptha 11.P.J.P.N.Gupta 12.Dr.Thavva Vedagiriswara Rao __________ Page1 of 4 https://www.mhc.tn.gov.in/judis A No. 3224 of 2026 13.Dr.G.V.Chalapathi 14.CA.P.Pattabiramen 15.Mannar Udayakumar 16.Voora Anjaneyalu 17.Nalam Sreekanth 18.Dr.G.Vijayakumar 19.P.V.Krishna Rao 20.Vootukuru Sarath Kumar 21.Desu Lakshmi Narayana 22.Guggilam Ramesh ..Respondent(s) PRAYER – This Application is filed under Order XIV Rule 8 of O.S. Rules read with Order I Rule 1A(3) of C.P.C., to receive two additional documents viz., (i) Letter from Tamil Nadu Arya Vysya Mahasabha to the 2nd defendant dated 13.09.2025 and (ii) Greater Chennai Corporation Property Tax Receipt in the name of Kalavala Kannan Chetty dated 13.10.2025, filed by the Applicant/2nd Defendant, more fully described in the schedule appended to the Judges summons. For Applicant(s): Mr.A. Venkatesh Kumar For Respondents 1 to 8: Mr.Rahul Balaji For Respondents 11, 13, 14 & 17: Mr.P.K.Sivasubramanian For Respondent 20: Mr.S.L.Sudarsanam __________ Page2 of 4 https://www.mhc.tn.gov.in/judis A No. 3224 of 2026 O R D E R Heard 2.This Application is filed to receive two additional documents viz., (i) Letter from Tamil Nadu Arya Vysya Mahasabha to the 2nd defendant dated 13.09.2025 and (ii) Greater Chennai Corporation Property Tax Receipt in the name of Kalavala Kannan Chetty dated 13.10.2025, filed by the Applicant/2nd Defendant, more fully described in the schedule appended to the Judges summons. 3.It is submitted by the learned counsel for the applicant/2nd defendant that only after demise of his erstwhile counsel, through the present counsel, the applicant came to know that the written statement has not been filed and hence, thereafter, filed an application in A.No.5315 of 2024 to adopt the written statement filed by the 1st defendant on 07.08.2014, which was allowed by this Court. Since the written statement was not filed at the relevant point of time, necessary documents to substantiate his defence was also not filed. Thus, the learned counsel for the applicant prays to receive the prayer mentioned documents on record. __________ Page3 of 4 https://www.mhc.tn.gov.in/judis A No. 3224 of 2026 DR.A.D.MARIA CLETE J. GSA 4.The learned counsel for the 1st respondent filed counter affidavit and objected to the receiving of the prayer mentioned documents with delay. According to the 1st respondent, both the documents sought to be received have no relevancy, necessity and admissibility. The applicant failed to disclose sufficient reasons warranting reception of those documents after the trial has substantially progressed. 5.Learned counsel appearing for the 4th respondent submits that the 4th respondent has no objection in allowing this application and has made an endorsement to that effect. 6.Considering the reasons stated in the affidavit filed in support of this application, the admissibility and relevance of the documents cannot be considered at this stage. The only question that arises is whether the belatedly filed documents may be received. In fact, as the trial Court, sufficient opportunity should be given to the parties to produce all available evidence; hence, any delay in filing additional documents is condoned, and the application is allowed, subject to proof and relevancy. 29-07-2026 GSA (½) A No. 3224 of 2026 in CS NO. 649 OF 2003 __________ Page4 of 4 https://www.mhc.tn.gov.in/judis