CRP/893/2024 of KANDHASAMY GOUNDER (DIED) 1. K.Shanmugham Vs GOWTHAMI on 1 September 2026

COMMON ORDER

CRP No. 4771 of 2025 has been filed challenging the order in EA No.181 of 2010 in EP No.231 of 2003, which was filed challenging the dismissal of an application filed under Section 47 of Civil Procedure Code, filed by the revision petitioner in execution proceedings filed against the tenant pursuant to an order of eviction in Rent Control Proceedings.

2. CRP No.893 of 2024 has been filed by the revision petitioner challenging the order directing impleadment of the first respondent herein in the execution petition filed by the revision petitioner for execution of the order of eviction decree passed in RCOP No.135 of 1995.

3. Heard the learned counsel for the petitioners in both the revisions as well as the learned counsel for the respective contesting respondents.

4. It is now brought to my notice that there are five civil suit pending amongst the family members, who all claim right originally through one K.Kandasamy Gounder. The case of the revision petitioner in CRP No.893 of 2024 is that Kandasamy Gounder even during his life time had executed a Will and also subsequently a Settlement Deed settling the subject property which is the petition premises in the rent control proceedings in favour of his son Venkatachalapathy. Subsequent to the demise of Venkatachalapathy and Indirani, after the demise of Kandasamy Gounder himself, the legal heir of Venkatachalapathy, viz.,V.Sundararaju, S/o Venkatachalapathy and Indirani are now claiming right to continue the execution proceedings. However, parallelly, the grand daughter of Kandasamy Gounder and Alamelumangammal, one Gowthami claims that the property was settled by her grand mother Alamelumangammal in her favour and it is on the basis of such claim that she filed an application to implead herself in E.P.No.231 of 2003 and the said application in EA No.52 of 2009 was also allowed by the executing court as against which CRP No.893/ 2024 was filed.

5. In the mean time, the application filed under Section 47 of Civil Procedure Code was taken out by V.Sundararaju challenging the executability of the decree obtained by K.Shanmugam, his paternal uncle in the execution proceedings. The application under Section 47 of Civil Procedure Code was filed on the basis of the Will and Settlement executed by Kandasamy Gounder in favour of his father Venkatachalapathy. However, the said application filed under Section 47 of Civil Procedure Code was dismissed. The subject matter of the eviction proceedings is part of the suit property which originally forms part of larger estate and it is the subject matter of five civil suits today: viz.,O.S.No.443 of 2011 - filed for declaration and partition by the daughter Vijayalakshmi and grand daughter Gowthami pending on the file of Sub

Court, Coimabtore; O.S.No.132 of 2012 – filed by K.Shanmugam, S/o Kandasamy Gounder for permanent injunction, challenging the Settlement Deed executed by Alamelumangammal in favour of Gowthami as null and void , pending before the Sub Court, Coimbatore; O.S.No.260 of 2018, filed by K.Shanmugam against Vijayalakshmi and others for permanent injunction, pending before the District Munsif Court, Coimbatore; O.S.No.1578 of 2015, filed by Vijayalakshmi and Gowthami against K.Shanmugam and others for declaration, pending before the District Munsif Court, Coimbtore and O.S.No.1635 of 2018 filed by the grand son of Kandasamy Gounder and Alamelumangammal viz., V.Sundarraju against his paternal uncle K.Shanmugam for partition, pending before the Additional Subordinate Court, Coimbatore. The core issue that will have to be necessarily decided in all these suits is as to whether Kandasamy Gounder’s Will and Settlement Deed are true and valid documents and also whether Alamelumangammal had any right to execute a Settlement Deed treating the property as absolute property and settling it in favour of her grand daughter Gowthami through daughter Vijayalakshmi. The suits for permanent injunction are all consequential reliefs only.

6. Therefore, in order to give a quietus to the litigation, it would be desirable and in the interest of all the parties to the lis, especially the various civil suit that the suit are tried jointly by the Sub Court, Coimbatore. Exercising suo-motu power under Section 24 of Civil Procedure Code, I hereby withdraw O.S.Nos.260 of 2018 and 1578 of 2015, from the file of District Munsif Court, Coimbatore and O.S.No.1635 of 2018 from the file of I Additional Sub Court, Coimbatore and transfer the said three suits to the file of Sub Court, Coimbatore to be jointly tried and disposed of along with O.S.Nos.443 of 2011 and 132 of 2012.

7. All the respective Courts viz., District Munsif Court, Coimbatore and the Additional Sub Court, Court, Coimbatore shall ensure that the records are immediately transmitted to the Sub Court, Coimbatore.

8. On receipt of the records from the District Munsif Court and the Additional Sub Court, Coimbatore, the Sub Judge, Coimbatore shall ensure that the pleadings in all the suits are completed within a period of four weeks from the date of the first hearing of all the suits before the Subordinate Court at Coimbatore. Issues shall be framed, if not already in the respective suits within a period of two weeks thereafter and evidence shall be recorded in O.S.No.443 of 2011 which is one of the substantial suits, along with O.S.No.132 of 2012. However, considering that O.S.No.443 of 2011 was filed earlier, the evidence shall be recorded in the said suit and the suits shall be jointly tried and disposed of on or before 30.06.2027.

9. In the meantime, the tenants shall be directed to deposit rents in respect of their respective portions to the credit of the respective RCOPs that have been filed against the tenants.

10. The execution proceedings shall be kept in abeyance insofar as the grand son V.Sundararaju is concerned since he has also stake claim as a co-owner to the subject property and subject to the final decision in the suits, which have been directed to be jointly tried and disposed of on or before 30.06.2027, the execution proceedings against the said V.Sundarraju shall be accordingly dealt with.

11. Insofar as the tenants in respect of the other tenanted portions, where eviction petitions have been filed by the daughter Vijayalakshmi/grand daughter Gowthami in RCOP Nos.182 of 2010, 204 of 2010, 205 of 2010, 206 of 2010, 207 of 2010, 208 of 2010 and 209 of 2010 on the file of District Munsif-cum Rent Controller, Coimbatore, in the said proceedings, the respective tenants shall be directed by the learned Rent Controller to deposit the rents to the credit of the respective RCOPs mentioned herein above, till such time the suits are finally decided on or before

30.06.2027.

12. Subject to the result of the suits and declaration of the entitlement of the Vijayalakshmi/Gowthami, if any, the further proceedings shall be taken as against the other tenants either by Vijayalakshmi or Gowthami or the persons who are declared to be the lawful owners of the suit property.

13. The parties shall cooperate for expeditious joint trial and disposal of the above five suits before the Sub Court, Coimbatore.

14. With the above direction, the civil revision petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 01.09.2026 sr Index:yes/no Website:yes/no Speaking Order/Non-speaking Order

P.B.BALAJI.,J sr To

1. The Principal District Munsif Court, Poonamallee.

2. The Sub Court, Coimbatore

3. The Additional Subordinate Court, Coimbatore

3. The District Munsif cum Rent Controller, Coimbatore CRP Nos. 893 of 2024 and 4771 of 2025 01.09.2026