Omsakthy Agencies (Madras) v. M/S. Harsha Estates

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.04.2023

CORAM:

THE HONOURABLE Dr. JUSTICE D. NAGARJUN Civil Revision Petition (PD).Nos.2960, 2961 & 2962 of 2022 and Civil Miscellaneous Petition Nos.16002, 16005 & 16006 of 2022

1. Omsakthy Agencies (Madras) Pvt. Ltd., rep. by its Authorised Signatory S.Udhayakumar TS-64, SIDCO Industrial Estate, Ekkattuthangal, Chennai - 600 032.

2. M.Ragunathan ... Petitioners Vs.

1. M/s.Harsha Estates, rep. by its Managing Partner Dr.M.Shivaghagyam No.1/1, Narayana - Arihant Ocean Tower, No.77, Walajah Road, Chennai - 600 002.

2. V.Noorjahan

3. M.P.Farook Partner M/s. Harsha Estates

4. D.Masthan, Partner M/s. Harsha Estates ... Respondents Common Prayer: Civil Revision Petitions are filed under Article 227 of the Constitution of India, to set aside the order and decretal order date 1/4

08.06.2022 in I.A.No.1 of 2019 in O.S.No.16 of 2019, I.A.No.1 of 2019 in O.S.No.17 of 2019 and I.A.No.1 of 2019 in O.S.No.18 of 2019 respectively, on the file of the Principal District Court, Tiruvallur. For Petitioners in all CRPs : Mrs.Chitra Sampath, Senior Counsel for Mr.S.Arivazhagan For Respondents in all CRPs : Mr.V.Chandraprabhu COMMON ORDER Heard the learned counsel for the revision petitioners.

2. Civil Revision Petitions are filed seeking to set aside the orders passed in I.A.No.1 of 2019 in O.S.No16 of 2019, I.A.No.1 of 2019 in O.S.No.17 of 2019 and I.A.No.1 of 2019 in O.S.No.18 of 2019 respectively, all dated 08.06.2022, on the file of the Principal District Judge, Tiruvallur.

3. When the matter was taken up for hearing, it is submitted by the learned counsel for the petitioners as well as the learned counsel on record for the respondents that the subsequent purchasers have preferred three CRPS viz., C.R.P.Nos.2753, 2754 & 2756 of 2022 and all those three revision petitions were dismissed by this Court, by way of separate speaking orders, dated 01.09.2022 and aggrieved by these dismissal, the said 2/4

subsequent purchasers have also preferred Special Leave Petition before the Hon'ble Apex Court, vide S.L.P.No.22595 of 2022. The result of the SLPs pending before Apex Court will have bearing on the fate of these three petitioners. It is submitted by the learned counsel for the respondents and as well as the learned counsel for the petitioners that these three revision petitions may be closed, by giving liberty to the petitioners, to approach the Court again, in case, the other purchasers gets favourable orders in S.L.P.No.22595 of 2022.

4. Considering the said circumstances, by recording the above submissions, these Civil Revision Petitions are disposed of, by giving liberty to the petitioners to approach this Court, depending upon the orders passed in S.L.P. No.22595 of 2002, by the Apex Court. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed. 21.04.2023 ssi Index: Yes/No Speaking Order: Yes/No To

1. The Principal District Judge, Thiruvallur.

2. The Section Officer, V.R.Section, High Court, Madras. 3/4

Dr. D. NAGARJUN,J., ssi C.R.P.(PD).Nos.2960, 2961 & 2962 of 2022 21.04.2023 4/4