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Madras High CourtCS/168/2008transfer cases

P Rajasekaran v. S Chandra Kumar

2025-10-25Honourable Dr.Justice R.N.Manjula6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-10-2025

CORAM

THE HONOURABLE DR.JUSTICE R.N.MANJULA AND Tr.C.S. NO. 311 OF 2010, Tr.C.S. NO. 312 OF 2010, C.S. NO. 5 OF 2010

1. P Rajasekaran No 54 Mannady St 1st Floor Mannady Chennai 1 Vs

1. S Chandra Kumar S O C Sakthivel No 11 1 Plot No 10 Part Subramanya Nagar Main Raod Kodambakkam Chennai 24 2.C Priya W O S Chandra Kumar No 11 1 Plot No 10 Part Subramanya Nagar Main Raod Kodambakkam Chennai 24 3.The Sub Registrar Office Of Kodambakkam Sub Registrar Near Railway Station Kodambakkam Chennai 24

CS No. 311 of 2010

1. Mr.S.Chandrakumar S/o.Sakthivel, No.11, Subramanya Nagar Main Road, Kodambakkam, Chennai-24.

Vs

1. Mr.P.Ravi @ P.Ravikumar S/o.G.Palani, No.242, Thambu Chetty Street, Mannady, Chennai-1.

CS No. 312 of 2010

1. Chandra Kumar S/o.Sakthivel, No.11/1, Subramaniyan Nagar, Main Road, Kodambakkam, Chennai-24.

Vs

1. Mr.P.Ravi @ Ravikumar S/o.G.Palani Chetty, No.242, Thambu Chetty Street, Chennai-1.

CS No. 5 of 2010

1. C.Priya, W/o.S.Chandrakumar No.11/1, Plot No.10, Part Subramanya Nagar Main Road, Kodambakkam, Chennai-24.

2.S.Chandra Kumar

S/o.C.Sakthivel, No.11/1, Plot No.10, Part Subramanya Nagar Main Road, Kodambakkam, Chennai-24.

Vs.

1. P.Ravi @ Ravikumar S/o.Palani Chetty, No.242, Thambu Chetty Street, Chennai-1.

2.P.Rajasekaran S/o.Palani Chetty, No.54, Mannadi Street, 1st Floor, Mannady, Chennai1.

PRAYER: Civil Suit is filed under Order VII Rule I of CPC read with Order IV Rule 1 of Original Side Rules to:

a) declare the settlement deed dated 05.02.2007 registered as Document No363 of 2007 in the office of SRO Kodambakkam Chennai executed by the 1st defendant to and in favour of the 2nd defendant as Null and Void B for Mandatory injunction directing the defendants 1 and 2 and their men agents tenants licencees or any person claiming through them to Vacate and hand over vacant possession of the property.

Tr.CS No. 311 of 2010 PRAYER : Civil Suit is filed under Order VII Rule 1 of CPC to pass a judgment and decree for :

a) permanent injunction restraining the defendant, his agents, servants or any other person in any manner interfering with the peaceful possession/occupation of the schedule mentioned suit property and the defendant is not to interfere into the suit premises and the defendant is not to sell the suit property without due process of law.

b) to pay the cost of this suit.

Tr.CS No. 312 of 2010 PRAYER: Civil Suit is filed under Order VII Rule 1 of CPC to pass a judgment and decree to :

a) Declare that the entire mortgage debt is fully discharged and that no further amounts are due to the defendant from the plaintiffs under the suit simple mortgage document No.2263/2004 dated.11.6.2004 inrespect of the suit property.

b) direct the defendant to deliver to the plaintiffs that mortgage deed document No.2263/2004 dated.11.6.2004 duly cancelled and also return to them all the original CS No. 5 of 2010 PRAYER: Civil Suit is filed under Order XXXIV Rule 7 & 8 of CPC read with Order IV Rule 1 of High Court Original Side Rules r/w. Order VII Rule 1 of C.P.C. to:

a) Direct the defendants to receive a sum of Rs.1,90,000/- from the plaintiffs being the dues under the simple mortgage Deed dated.11.6.2004, registered as a Document no.2263 of 2004 on the file of the Sub-Registrar Office at Kodambakkam and consequently redeem the schedule mentioned properties by handing over the original title deeds i.e. Sale Deed dated.22.9.2000 to the plaintiffs.

b) Declare that the first plaintiff is the absolute owner of the suit property CS No. 168 of 2008:

For Plaintiff(s):

Mr. N Sreenivasalu For Defendant(s):

Mr.M.Sriram for D1 and D2 Mr.A.Anandan for D3 Tr.C.S.No.312 of 2010:

For Plaintiff (s) : Mr.M.Sriram For Defendant (s): Mr. N.Srinivasan

C.S.No.311 of 2010:

For Plaintiff (s) : Mr.M.Sriram For Defendant (s): Mr. N.Srinivasan C.S.No.5 of 2010:

For Plaintiff (s) : Mr.M.Sriram For Defendant (s): Mr. N.Srinivasan C.S.No.5 of 2010:

For Plaintiff (s) : Mr.M.Sriram For Defendant (s): Mr. N.Srinivasan COMMON JUDGMENT As the suit value of these suits is below the jurisdiction of this Court, they are needed to be transferred to the competent jurisdictional Court on the point of jurisdiction.

2. Registry is directed to transfer all these suits from the file of this Court to the competent jurisdictional Court forthwith. 25-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes bkn

R.N.MANJULA J.

bkn AND CS NO. 311 OF 2010,CS NO. 312 OF 2010,CS NO. 5 OF 2010 25-10-2025