Mr.A.Sudarsan And Another v. Mr.V.Senthilnathan And Another
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 30TH DAY OF JULY 2021 THE HON'BLE MR. JUSTICE V.PARTHIBAN A.No.2427 of 2021 and O.A.Nos.416 to 418 of 2021 in C.S.No.230 of 2021 1.Mr.A.Sudarsan, Age-49, S/o.Venkatesa Perumal, Carrying on business at Old Door No.40/2, New Door No.42/2, Badrian Street, Chenani-600 001.
2.Mr.J.Chandrasekar, Age-51, S/o.J.Anjaneyalu, No.187, Broadway Main Road, IInd Floor (Near Hotel Excellent), Chennai-600 108.
.. Plaintiffs Vs 1.Mr.V.Senthilnathan, Age-41, S/o.S.Valliappan, Residing at No.9, Lake Area, 7th Cross Street, Valluvar Kottam, Nungambakkam, Chennai-600 034.
2.Mr.V.Gopi Stephen, Age-35, S/o.K.S.Viswasam, Residing at No.25/10, Sowrashtra Street, Choolaimedu, Chennai-600 097.
.. Defendants
A.No.2427 of 2021:
Application praying that this Hon'ble Court be pleased to grant leave to sue afterwards so as to challenge the sale deeds registered in favour of the 2nd respondent.
O.A.No.416 of 2021:
Original Application praying that this Hon'ble Court be pleased to grant an order of interim injunction restraining the respondents, their Men, Agents, Servants, Power Holders, Agreement Holders, Contractors, Successors, Representatives and Sub -Ordinates or anybody acting on their behalf from creating further encumbrances namely sale agreement, sale deed, mortgage deed, settlement, power of attorney, partition deed etc., over the Suit -A and B Properties pending disposal of the above Civil Suit. O.A.No.417 of 2021:
Original Application praying that this Hon'ble Court be pleased to grant an order of interim injunction restraining the respondents, their Men, Agents, Servants, Power Holders, Agreement Holders, Contractors, Successors, Representatives and Sub -Ordinates or anybody acting on their behalf from interfering with the peaceful possession and enjoyment of the Suit - A property being enjoyed by the 1st Applicant till date pending disposal of the above said Civil Suit.
O.A.No.418 of 2021:
Original Application praying that this Hon'ble Court be pleased to grant an order of interim injunction restraining the respondents, their Men,
Agents, Servants, Power Holders, Agreement Holders, Contractors, Successors, Representatives and Sub -Ordinates or anybody acting on their behalf from altering, renovating including demolishing the structures of the Suit-A and B Properties pending disposal of the civil suit. These Applications coming on this day before this court for hearing, the Court made the following order:
Application No.2427 of 2021 in C.S.No.230 of 2021 is filed under Order XIV Rule 8 of the Original Side Rules of this Court, read with Order 2 Rule 2(3) of the Code of Civil Procedure (CPC) praying to grant leave to sue afterwards, so as to challenge the sale deeds registered in favour of the second respondent/second defendant.
2. Heard the learned counsel for the applicant. Despite notice being served on the respondents and also their names having been printed in the cause list, there is no appearance for them.
3. This Court, even otherwise is convinced with the reasons stated in the affidavit filed in support of A.No.2427 of 2021. Accordingly, A.No.2427 of 2021 (in C.S.No.230 of 2021) is ordered as prayed for.
4. Registry is directed to list A.Nos.416 fo 418 of 2021 in C.S.No.230 of 2021 on 31.08.2021.
Sd./-V.P.N.J 30.07.2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
JJ 16/08/2021