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Madras High CourtCS/504/2018decreed

Mrs. Kalavathy., v. B. Kabaleeswaran.,

2024-03-11Honourable Mr Justice N. Sathish Kumar3 pages

CS NO. 504 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-07-2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU CS NO. 504 of 2018 Mrs. Kalavathy., W/o Mr. Natarajan, Door No.12, Dharmaraja Koil Lane, Saidapet, Chennai - 15. and another Plaintiff(s) Vs B. Kabaleeswaran., S/o Late Mr. C. Balaraman, Residing at No. 3-B,3rd Flr, High Gate Apartment, East Avenue Road, Korattur, Chennai - 80. and 5 Others Defendant(s) For Plaintiff(s):

m/s.l.kishore .

For Defendant(s):

Ms. R.V. Gayatri For M/s. P.B.Ramanujam Associates For D2 And D4 Mr. P.Gunaraj For D1 Mr.Muthusamy Senior Advocate Advocate Commissioner D3 - Set Ex-parte On 31/01/2022 D5 And D6 No Appearance

ORDER

The learned Advocate Commissioner would indicate that the parties have not co-operated to carry out the directions issued by this Court.

2. The learned counsel appearing for the plaintiffs, first defendant, and defendants 2 & 4 would seek that the said defendants did not have any objections for the learned Advocate Commissioner to proceed further in demolishing the theatre so as to give full effect to the orders passed by this Court.

3. It is the claim of the learned Advocate commissioner that the defendants 3 & 6 have not co-operated. They are not represented today either in person or through their counsel. It is to be noted that the preliminary decree was passed as early as on 17.08.2022 and a final decree was passed on 11.03.2024. It is also submitted that there is no Intra-Court Appeal filed by any of the parties aggrieved. Such view of the matter, the learned Advocate Commissioner is directed to proceed further and take necessary steps for demolishing. The learned Advocate Commissioner is authorised to take out necessary application to the appropriate authorities for demolition.

07-07-2025 Gba To

1. B. Kabaleeswaran., S/o Late Mr. C. Balaraman, Residing at No. 3-B,3rd Flr, High Gate Apartment, East Avenue Road, Korattur, Chennai - 80.

2. Mr. B. Sivakumar., Door No.56/4, 5th Cross St,Trustpuram, Kodambakkam, Chennai - 24.

3. Mr. B. Srinivasan., Door No. 56/4,5th Cross St, Trustpuram,Kodambakkam, Chennai - 24.

4. Mr. B. Sankar., New No.3,Old No.2,1st Cross St,New Tech Prema Castle, Trustpuram, Kodambakkam, Chennai- 24.

5. Mrs. Latha., W/o.Mr. Rathinavel, Door No. 9-b, Jai Garden, 2nd St, Valasaravakkam,Chennai - 87.

6. Mrs. Shobhana., W/o Mr.S. Suresh,No.T - 121, Avvai St, Thiru Nagar, Jafferkhanpet, Chennai - 83.