M.J. John v. Elizabeth John

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2021

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA AND THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY O.S.A.NO.18 OF 2018 Dr.M.J.John ..Appellant/Defendant -vsMrs.Elizabeth John ..Respondent/Plaintiff Memorandum of Grounds of Original Side Appeal filed under Order XXXVI, Rule 1 of the Original Side Rules read with Clause 15 of the Letters Patent, against the judgment and decree dated 07.04.2017 passed in C.S.No.1170 of 2009 on the file of the Original Side of this Court.

Prayer in C.S.No.1170 of 2009:- This Civil Suit is filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 of CPC for the reliefs as stated therein.

a) For a declaration that the plaintiff is the sole and absolute owner of Flat No.11A, Golden Altius, AK-3/4, 4th Avenue, Anna nagar, Chennai - 40, more fully described in the Schedule, after declaring that the Sale Deed - Doc No.4822 of 2006, dated 26.12.2006, S.R.O. Anna Nagar as null and void, inoperative and nonest in law.

b) For Consequential relief of recovery of possession of the schedule mentioned property.

c) For recovery of a sum of Rs.42,86,347/- along with interest at 18% per annum from the date of plaint till the date of realisation.

d) For a sum of Rs.30,000/- per month towards damages for use and occupation for the schedule mentioned property from the date of the plaint till the date of handing over possession. https://hcservices.ecourts.gov.in/hcservices/

e) directing the Defendant to pay the costs of the suit. For Appellant ::

Mr.Joseph Augustine For Respondent ::

Mr.A.K.Sriram for M/s A.S.Kailasam &Associates

JUDGMENT

(Judgment of the Court was made by T.RAJA, J.) Dr,M.J.John, Husband of Mrs.Elizabeth John, the respondent herein has filed this appeal against the impugned judgment and decree dated 7.4.2017 passed in C.S.No.1170 of 2009 on the file of the Original Side of this Court in favour of the respondent, wife of the appellant.

2. During the pendency of this appeal, it is represented that the appellant died on 2.5.2021 leaving behind the respondent and two sons as his legal heirs.

3. Since the dispute is between the husband and wife and no application to bring on record the legal representatives of the deceased has been filed by either of the parties as on date, this original side appeal stands dismissed as abated. Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar ss To The Sub Assistant Registrar (O.S.) High Court, Madras.

+1cc to M/s.A.S.Kailasam & Associates, Respondent, Advocate, S.R.No.61859 O.S.A.No.18 of 2018 NR(CO) RLP(13/12/2021) https://hcservices.ecourts.gov.in/hcservices/