M/S.Cee Dee Yes Housing And Infrastructure Pvt Ltd. v. Regal Palm Garden Apartment Owners Association
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.03.2021 CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU O.S.A.Nos. 175, 177 and 180 of 2020 and C.M.P.No. 9051 of 2020 O.S.A.No. 175 of 2020:
Gandhi Nagar, Adyar, Vs 1.Regal Palm Garden Apartment Owners 2.M/s.Standard Fire Works Private Limited, Represented by its Managing Director, No.1/3, Thirthangal Road, Sivakasi - 626123.
3.The Special Tahsildar (Land Acquisition - Highways),
4.The Tahsildar, 5.The Chennai Metropolitan Development Authority, Rep. by its Member Secretary, 6.M/s.Cee Dee Yes Property Services Private Limited, Rep. by its Director Brunth D.Sundar, Gandhi Nagar, Adyar, Chennai - 600 040.
... Respondents to set aside the order dated 16.12.2019 made in A.No. 8572 of 2019 in O.A.No. 848 of 2019 in C.S.No. 535 of 2019 and thereby allow the Original Side Appeal by granting the reliefs claimed therein.
For Appellants : Mr.R.Thiagarajan (Senior Counsel) For Respondents : Mr.S.Ramesh (For R1) Mr.R.Udhayakumar (For R3 and R4) Special Government Pleader (CS) Mr.P.S.Ganesh (For R5) O.S.A.No. 177 of 2020:
No.42, 2nd Main Road, Gandhi Nagar, Adyar, Vs.
Regal Palm Garden Apartment Owners ... Respondent
to set aside the order dated 16.12.2019 made in A.No. 6914 of 2019 in C.S.No. 535 of 2019 and thereby allow the Original Side Appeal by granting the reliefs claimed therein. For Appellants : Mr.R.Thiagarajan (Senior Counsel) For Respondent : Mr.S.Ramesh O.S.A.No. 180 of 2020:
Gandhi Nagar, Adyar, Vs 1.Regal Palm Garden Apartment Owners 2.M/s.Standard Fire Works Private Limited, Represented by its Managing Director, No.1/3, Thirthangal Road, Sivakasi - 626123.
3.The Special Tahsildar (Land Acquisition - Highways), 4.The Tahsildar, 5.The Chennai Metropolitan Development Authority,
Rep. by its Member Secretary, 6.M/s.Cee Dee Yes Property Services Private Limited, Rep. by its Director Brunth D.Sundar, Gandhi Nagar, Adyar, Chennai - 600 040.
... Respondents to set aside the order dated 16.12.2019 made in A.No. 8573 of 2019 in C.S.No. 535 of 2019 and thereby allow the Original Side Appeal by granting the reliefs claimed therein. For Appellants : Mr.R.Thiagarajan (Senior Counsel) For Respondents: Mr.S.Ramesh (For R1) Mr.R.Udhayakumar (For R3 and R4) Special Government Pleader (CS) Mr.P.S.Ganesh (For R5) COMMON JUDGMENT (Judgment of the court was made by N.KIRUBAKARAN.J.,) These original side appeals have been filed by the appellants/defendants 1 to 3 aggrieved over the dismissal of the applications filed to reject the plaint by the first respondent herein.
2.
Heard Mr.R.Thiagarajan, Learned Senior Counsel for Mr.R.Amardeep, Learned Counsel for the Appellants, Mr.S.Ramesh, Learned Counsel for the First Respondent, Mr.R.Udhayakumar, Learned Special Government Pleader (CS) for the Third and Fourth Respondents and Mr.P.S.Ganesh, Learned Counsel for the Fifth Respondent.
3.
The suit in C.S.No.535 of 2019 was filed for the following prayers:- " (a) Mandatory injunction directing the defendants 1 to 4 to specifically perform the terms of the Memorandum of Understanding dated 16.03.2015 by conveying the suit schedule property to the members of the plaintiff association and on failure convey the same to the Plaintiff by process of court, and (b) Permanent injunction restraining the defendants 1 to 4, their heirs, successors in interest,
assigns or any person claiming through them from in any manner subdividing the schedule mentioned property by metes and bounds and maintain the same as per the composite plan granted by the 7th defendant dated 02.05.2002 in planning permit No.332."
4.
In the said suit, applications in A.Nos.6914, 8572 and 8573 of 2016 have been filed by the First Respondent herein to reject the plaint and by separate order dated 13.02.2020 the same was dismissed.
5.
When the matter taken up for hearing today, Mr.R.Thiagarajan, Learned Senior Counsel for Mr.R.Amardeep, Learned Counsel for the Appellants, seeks permission of this Court to withdraw these Original Side Appeals with liberty to file written statement within a period of four weeks and defend the suit. In this regard, a common memo dated 03.03.2021 has been filed by the Appellants, which is placed on record. 6.
In view of the above, the Appellants are permitted to withdraw these Appeals and time is granted to the Appellants to file written statement on or before 31.03.2021. Accordingly, these Original Side Appeals are dismissed as withdrawn by granting such liberty. Consequently, the connected Civil Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To 1.The Special Tahsildar (Land Acquisition - Highways), 2.The Tahsildar, 3.The Member Secretary, Chennai Metropolitan Development Authority,
4.The Sub Assistant Registrar Original Side, Madras High Court, Chennai.
+1cc to Mr.S.Ramesh, Advocate SR.NO..13920 +1cc to The Special Government Pleader SR.NO..13468 AKM/18.03.21/ 6P-7C/ O.S.A.Nos. 175, 177 and 180 of 2020 and C.M.P.No. 9051 of 2020 Dated: 03.03.2021