M/S. Jain Mission Society v. The Administrator General

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2023 CORAM :

THE HONOURABLE MR. JUSTICE R. MAHADEVAN and THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ Original Side Appeal Nos. 53 & 54 of 2023 and C.M.P. Nos. 5011 & 5022 of 2023 M/s. Jain Mission Society represented by its President Shanthilal Jain S/o. Sokalchand No.1, Narayana Mudali Street .. Appellant in both Parrys, Chennai - 600 001 the appeals

Versus

1.The Administrator General and Official Trustee of Tamil Nadu City Civil Court Additional Buildings 1st Floor, Chennai - 600 104

2. U.Ruparam S/o.Udayji

3. M.Mohamed Kasim .. Respondents in S/o.Mohideen both the appeals Original Side Appeals filed under Order XXXVI Rule 1 of the Original Side Rules r/w Clause 15 of the Letters Patent against the common order dated 07.01.2022 passed in Application Nos.432 & 433 of 2020 on the file of this Court.

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For Appellant :

Mr. P. Chandrasekar in both the appeals For R1 :

Mr. M.R.Jothimanian COMMON JUDGMENT [Judgment of the Court was delivered by R.MAHADEVAN, J] These appeals are filed as against the common order dated 07.01.2022 passed by the learned Judge in Application Nos.432 & 433 of 2020. 2.

Originally, the applications were filed to set aside the auction conducted by the first respondent on 23.01.2020 in respect of the property situated at 108, Narayana Mudali Street, Chennai and to conduct re-auction in respect of the aforesaid property, after giving sufficient opportunity to the appellant. After hearing the counsel for both sides and perusal of the records, by the order impugned herein, the learned Judge dismissed the applications in view of the fact that possession was handed over to the highest bidders viz. second and third respondents herein even on 20.12.2021. 3.

Aggrieved by the aforesaid order, the appellant has filed the present original side appeals with a delay of 11 days and the same has been condoned by this Court vide order dated 24.02.2023. 2/4

4.

Heard both sides and perused the materials available on record. 5.

The learned counsel for the appellant submitted that auction held on 23.01.2020 did not fructify for some reasons. He further submitted that the authorities are now proceeding for conducting an auction afresh. 6.

The learned counsel appearing for the first respondent also affirmed the aforesaid submission made by the learned counsel for the appellant.

7.

In such view of the matter, granting liberty to the appellant to participate in the fresh auction to be conducted by the first respondent, these original side appeals stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

[R.M.D., J] [M.S.Q., J] 07.03.2023 Index: Yes / No Speaking order/ Non-speaking order nsd/rsh Note: Issue copy of this Judgment today (07.03.2023). 3/4

R. MAHADEVAN, J and MOHAMMED SHAFFIQ, J nsd/rsh 07.03.2023 4/4