P.Shanthi @ Shanthi Bai v. D.Dhinakaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 14TH DAY OF OCTOBER 2019 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR C.S.No.652 of 2016

1. P.SHANTHI @ Shanthi Bai, W/o.T.K.Sukumar

2. S.YOGALAKSHMI D/o.T.K.Sukumar

3. S.KARPAGAM D/o.T.K.Sukumar Plaintiffs 1 to 3 are residing at Old No.16 New No.31, Rathinasabapathy Street, Purasawalkam, Chennai- 600 007

4. P.LOGANATHAN S/o.E.Panchala Naidu 5.* MINOR L. DINESH

6. MINOR L.YUVARAJ **(The 5th Plaintiff has been declared as major and the 4th plaintiff is discharged form the guardian ship by order dated 18.07.2019 in A.No.5001 and 5002 of 2019) minors * 5 & 6 rep by Father and Natural guardian Mr.P.Loganathan, the 4th applicant herein Plaintiffs 4 to 6 are residing at:

Old No.14, Nw No.16, New Manickam Street, Purasawalkam, Chennai-600 007.

..Plaintiffs -vs1. D.DHINAKARAN, S/o.V.Dakshinamoorthy, Proprietor M/s.Green Avenue Homes and Gardens, No.305E/170 TTK Road, Alwarpet, Chennai-600 018

2. SUBASH CHAND JAIN, S/o.B.Nemichand Jain, 602 Prince Park Apartments, No.76 EVK Sampath Road, Vepery, Chennai- 600 007 ..Defendants Civil Suit praying that this Hon'ble Court be pleased to i) To declare the sale deed dated 20.01.2015 executed by the 1st Defendant, as power of attorney holder of plaintiffs, to and in favour of the 2nd Defendant vide Document No.198 of 2015, registered in the office of the Sub-Registrar, Purasawalkam, Chennai as null and void and unenforceable,not valid in law and binding on the plaintiffs and order it to be delivered up and cancelled, consequently to send a copy of the decree to the Subregistrar office, Purasawalkam and to note on the copy of the sale deed and contained in his book the fact of its cancellation.

b. For permanent injunction restraining the 2nd defendant, his men, agents, servants, or anyone, acting for and on his behalf, in any manner whatsoever from alienating or encumbering the suit schedule property to any third party except to the plaintiffs.

c. For permanent injunction restraining the 1st and 2nd defendants, their men, agents, servants or anyone, acting for and on their behalf, in any manner whatsoever , from interfering the plaintiffs peaceful possession of the suit schedule property.

d. For the costs of ths suit.

The civil suit coming on this day before this court for hearing and the Court made the following Order : Post the matter before the learned Additional Master - II for recording plaintiff side evidence on 21.10.2019 and the cross examination of plaintiffs side witness shall be completed on or before 25.10.2019. Thereafter, the defendant side evidence shall be commenced on 30.10.2019 and the cross examination of defendants side witness shall

be completed on or before 07.11.2019.

2. After completion of aforesaid exercise, list the case before this Court on 22.11.2019.

Sd/.N.S.K.J.

14.10.2019 //Certified to be a true copy// Dated this the day of 2019.

SU.18.10.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.