Beach Estates v. Likhami Holdings Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR and C.M.P.No.12133 of 2021 Beach Estates Rep by its partner, L.Shantha kumar, 23/1, Thilak street, T.Nagar, Chennai-600017.
... Petitioner vs 1.M/s.Likhami Holdings Ltd., Rep by its Director L.R.Sivaprasad Having its registered office at No.7, 4th floor, L V R Centre, Seshadri Road, Alwarpet, Chennai-600018.
2.Krishna Kalavathi 3.Sirley Sukumar 4.Sumitra Kumari Singh 5.Sri Nemichand Jain 6.Gita J Vyas 1/8
7.Khusaroo Fadidun Kapadia 8.Rupa Lawrence 9.Kiran Jhunjhunwala 10.Rattan Kumar Khemka 11.Munish Kumar Khemka 12.Nirmal Kumar Khemka 13.M/s.Braham Ispat P. Ltd., Represented by its Director Mr.Naresh Choudhary, No.304, Abhay Streel House, 59-E, Baroda Street, Carnac Bunder, Mumbai-400009.
14.Biharilal Jamadas Lulla 15.Kamala B.Lulla 16.Deepak Kumar K.Jogani 17.Kamalesh V.Mehta 18.Nilesh V.Mehta 19.A.Ponniah 20.N.Umashankar 21.S.Rajkumar 22.Ami Thakker 2/8
23.G.Dileep Kumar 24.K.R.Keshab Chander 25.Khushwant Kumar Bafna 26.Kunal Kumar Bafna 27.Jungal K.Reheja 28.Ajay K.Raheja 29.Rajendra Mehta 30.Bandana Naharoy 31.Gita J. Vyas 32.Savitri Bai 33.Leena Shashi 34.Sashi Kumar Nair 35.M/s.Innovation Medi Equip Ltd.
Represented by its Managing Director Mr.L.Prakash, 290, Sidco Industrial Estate, Ambattur, Chennai-600098.
... Respondents 3/8
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to strike off the suit filed by the 1st respondent herein in O.S.No.87 of 2019 on the file of the Principal District Court, Chengalpattu. For Petitioner : Mr.K.Rajasekaran For R1 : Mr.R.Kumar For R2, R3, R5, R7, R10, R11, R12, R16, R17, R18, R21, R23, R25, R26, R27, R28, R33 and R34 : No Appearance For R4 and R9 : Door Locked For R6, R9, R31 and R32: No Such Person For R8 : Gone out For R13 and R30 : Not Known For R20 : No Such Door No.
For R22 : Settled Abroad For R24 : No Such Address For R35 : Left For R14, R15 and R29 : Vacated 4/8
ORDER
The Civil Revision Petition is filed seeking to strike off the plaint in O.S.No.87 of 2019 on the file of the Principal District Court, Chengalpattu filed by the 1st respondent.
2. The 1st respondent herein filed a suit in O.S.No.87 of 2019 on the file of the Principal District Court, Chengalpattu seeking declaration that the property of the 1st respondent/plaintiff described in suit schedule is situated in S.No.168/3E/1A/1A/1A within the gated community layout 'Sand Avenue', Pattipulam Village, East Coast Road, Chengalpattu and for a direction to petitioner to handover vacant possession of the same to the 1st respondent.
3. The present civil revision petition has been filed by the petitioner mainly on the ground that earlier the petitioner filed a suit for permanent injunction in O.S.No.252 of 1995 on the file of the Subordinate Court, Chengalpattu in respect of 6 acres 95 cents of land situated in S.No.168/3E/1A/1A/1C/2A in Pattipulam Village, Chengalpattu Taluk and obtained a decree for permanent injunction. The said decree was confirmed by this Court in second appeal in S.A.No.510 of 2006. It is stated by the 5/8
petitioner that subject matter of the earlier suit in O.S.No.252 of 1995 and the 'Sand Avenue' mentioned in the present prayer are one and the same and the 1st respondent, who had taken a definite stand in the earlier proceedings that its property was situated in different survey number cannot turnaround and seek a declaration, as if, its property is situated within the layout 'Sand Avenue' belongs to the petitioner.
4. It is true the petitioner herein obtained a decree for permanent injunction against the 1st respondent in O.S.No.252 of 1995 in respect of 6 acres 95 cents of land situated in S.No.168/3E/1A/1A/1C/2A in Pattipulam Village, Chengalpattu Taluk. Now, the 1st respondent seeks a declaration that its property situated in different survey number comes within the layout 'Sand Avenue'. It is the case of the petitioner that layout 'Sand Avenue' and the suit property in its earlier suit in O.S.No.252 of 1995 are one and the same. Therefore, the present litigation is nothing but a re-litigation by coining a novel prayer.
5. Whether the layout mentioned in the present suit namely 'Sand 6/8
Avenue' and the subject matter of the earlier suit, which was described by its survey number are one and the same is a disputed question of fact. Likewise, whether the present suit survey number 168/3E/1A/1A/1A is situated within layout "Sand Avenue" is a question of fact, which requires evidence. Therefore, this Court while exercising jurisdiction under Article 227 of the Constitution of India cannot decide that question and strike off the plaint.
6. In such circumstances, this Court is not inclined to entertain the present revision filed by the petitioner and consequently, the same is dismissed. Having regard to the fact that the suit filed by the 1st respondent is of the year 2019, the Trial Court is directed to dispose of the suit as expeditiously as possible. No costs. Consequently, the connected civil miscellaneous petition is closed.
13.02.2024 Index : Yes / No Speaking order : Yes / No : Yes / No dm 7/8
S.SOUNTHAR, J.
dm To 1.The Principal District Court, Chengalpattu.
13.02.2024 8/8