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IN THE COURT OF XV ASSISTANT CITY CIVIL JUDGE

AT CHENNAI

I.A. No. of 2021

IN
O.S. NO.13225 OF 2009

1. T.Kuppuswamy (Deceased)
Hereditary Trustee
Arulmigu Mannarsamy and Pachiamman Thirukoil,
Chennai – 600 013
Rep. by its present Hereditary Trustee Mr. K. Sugumar Kuppuswamy
… Petitioner / Plaintiff

Vs.
1. G. Srinivasan, New No.135, Old No.58A,
Adam Sahib Street,
Royapuram, Chennai – 13

2. G Meghanathan, New No.135, Old No.58A,

Adam Sahib Street,
Royapuram, Chennai – 13

… Respondents/Defendants

AFFIDAVIT OF SUGUMAR KUPPUSWAMY

I, Sugumar Kuppuswamy son of (late) T. Kuppuswamy, aged about 47 years,

residing at New No.138, Old No.135, M. S Koil Street, Royapuram, Chennai –

600 013 do hereby solemnly affirm and sincerely state as follows:

1. I am the Hereditary Trustee of the Plaintiff Temple in the above suit. I

am competent to swear this Affidavit and as such I am well

acquainted with the facts of the case.

2. I state that my father T. Kuppuswamy was the Hereditary Trustee of

the Plaintiff Temple in the above suit. Mmy father T. Kuppuswamy

died on 26.04.2021 due to Covid infection in Hycare Super Specialty

Hospital at PLCP No.37, 38, Razack Garden Road, MMDA Colony,

Arumbakam Chennai 600 106.

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3. I submit that after his death, I filed a memo through my earlier

counsel informing this Hon’ble Court about the death of my father.

Further I also filed Legal Heirs memo along with copy of Legal Heir

Certificate before this Hon’ble Court.

4. I state that as advised by my earlier counsel I filed an affidavit as

Legal Heir of Thiru T Kuppuswamy and prayed this court to bring the

legal heirs as parties in the above suit. However, this Hon’ble court

has returned said affidavit stating that only successor in office can be

added as the parties and not the legal heirs.

5. I submit that the trusteeship is hereditary and succession to the office

of the Trustee, as per the Scheme framed by the Hon’ble Madras High

Court in CS No. 6286 / 1921, devolves on the eldest male member of

the family.

6. I submit that after the demise of my father, I being the only son of

Mr. T. Kuppuswamy has become the hereditary trustee of Sri

Mannarswamy Temple as per the Scheme framed in CS NO. 626

/1921 by the Hon’ble Madras High Court.

7. I submit that while this being so, it is relevant to make appropriate

amendment to the Cause Title of the above suit substituting my name

in the place of my father Mr. T. Kuppusamy (Deceased) – the erstwhile

hereditary trustee of the Plaintiff Temple.

For the reasons stated supra, it is therefore humbly prayed that this

Hon’ble Court may be pleased to permit the Plaintiff to amend the Plaintiff

portion of the cause title of the O.S. No. 13325 of 2009 as follows:

“Arulmigu Sri Mannarsamy and Pachiamman Koil

Represented by it’s Hereditary Trustee
Sugumar Kuppuswamy
Old No.135, M.S Koil Street,
Royapuram, Chennai – 600 013”
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and pass other or further appropriate orders as it may deem fit in the proper

circumstances of the case and thus render justice.

Solemnly affirmed at Chennai on

29th November 2021 and
signed his name
In my presence
BEFORE ME

ADVOCATE :: CHENNAI