Manoharan v. Ashok Kumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.11.2018
CORAM
THE HONOURABLE Ms.JUSTICE P.T.ASHA S.A.Nos.669, 670 & 671 of 2018 & C.M.P.No.20378 of 2018 S.A.No.669 of 2018 1.Manoharan 2.Rani 3.Shanthi 4.Manamalli 5.Ezhilarasi 6.Elavarasi ... Appellants/Appellants/ Defendants Vs Ashok Kumar ... Respondent/Resopondent/ Plaintiff S.A.No.670 of 2018 1.Kaveri Mudali Mines and Minerals and Chemicals Rep. by its proprietor M.Govindasamy (Died) Harur Taluk, Maruthipatti Village & Post 2.Rani 3.Shanthi 4.Manoharan 5.Manamalli 6.Ezhilarasi 7.Elavarasi ... Appellants/Appellants/Plaintiffs Vs
1. The President, Tamil Nadu Industrial Investment Corporation Head Officer, 474, Anna Salai Nanthanam, Chennai - 600 035.
2. Executive Officer Tamil Nadu Industrial Investment Corporation Head Officer, 474, Anna Salai Nanthanam, Chennai - 600 035.
3. The Regional Manager Tamil Nadu Industrial Investment Corporation Regional Office, Salem
4. Tamil Nadu Industrial Investment Corporation Rep. by its Branch Manager Dharmapuri
5. Ashok Kumar ... Respondents/Respondents/ Respondents S.A.No.671 of 2018 1.Kaveri Mudali Mines and Minerals Rep. by its proprietor M.Govindasamy (Died) Harur Talum, Maruthipatti Village & Post 2.Rani 3.Shanthi 4.Manoharan 5.Manamalli 6.Ezhilarasi 7.Elavarasi ... Appellants/Appellants/Plaintifs Vs 1.Tamil Nadu Industrial Investment Corporation Represented Dharmapuri District Dharmapuri Taluk Dharmapuri - 2 Pennagaram Main Road D.D.C.Building, 1st Floor, Branch Manager, Dharmapuri - 1.
2. Salem District, Salem Town, Swarnapuri, Omalur Main Road, Sri Lakshmi, Compound 1st Floor, Door No.4/22, Regional Manager Salem - 2.
... Respondents/Respondents/Defendants Prayer in Second Appeal No.669 of 2018:
Second Appeal filed under Section 100 of the Code of Civil Procedure against the common Judgment and Decree passed in A.S.No.31 of 2013 on the file of the Sub Court, Harur, dated 18.01.2018 confirming the Judgment and Decree made in O.S.No.155 of 2010 on the file of the District Munsif, Harur, dated 24.07.2013.
Prayer in Second Appeal No.670 of 2018:
Second Appeal filed under Section 100 of the Code of Civil Procedure against the common Judgment and Decree passed in A.S.No.30 of 2013 on the file of the Sub Court, Harur, dated 18.01.2018 confirming the Judgment and Decree made in O.S.No.137 of 2010 on the file of the District Munsif, Harur, dated 24.07.2013.
Prayer in Second Appeal No.671 of 2018:
Second Appeal filed under Section 100 of the Code of Civil Procedure against the common Judgment and Decree passed in A.S.No.29 of 2013 on the file of the Sub Court, Harur, dated 18.01.2018 confirming the Judgment and Decree made in O.S.No.168 of 2009 on the file of the District Munsif, Harur, dated 24.07.2013.
For appellants :
Mr.S.Baskaran COMMON JUDGMENT Parties as well as the subject matter of the Second Appeals being the same this Court is passing a common Judgment. 2.The S.A.No.669 of 2018 is filed against the Judgment and Decree in A.S.No.31 of 2013 on the file of the Sub Court, Harur which is filed challenging the Judgment and Decree in O.S.No.155 of 2010 on the file of the District Munsif, Harur. 3.The S.A.No.670 of 2018 is filed against the Judgment and Decree in A.S.No.30 of 2013 on the file of the Sub Court, Harur which is filed challenging the Judgment and Decree in O.S.No.137 of 2010 on the file of the District Munsif, Harur.
4.The S.A.No.671 of 2018 is filed against the Judgment and Decree in A.S.No.29 of 2013 on the file of the Sub Court, Harur which is filed challenging the Judgment and Decree in O.S.No.168 of 2009 on the file of the District Munsif, Harur. 5.The entire case is the auction proceedings which was conducted by TIIC. The appellants herein had borrowed the loan from TIIC in the year 1985 and since the loan amount had fallen into default there was a letter issued by TIIC on 14.05.2007 offering a one time settlement to the appellants. Further in between these arrangements TIIC had published pamphlets stating that on 04.09.2009 the suit property was going to be sold in a public auction. It is the case of the appellants that the auction notice is bereft of details. Therefore the appellants had come forward to file the Suit O.S.No.
168 of 2009 to declare this notice as null and void. The suit was originally filed by the first plaintiff one Govindasamy, after his death his legal heirs were added as plaintiffs 1 to 7. While the said suit was pending the appellants had filed an another suit O.S.No.137 of 2010 for an injunction restraining the TIIC from interfering with plaintiff's peaceful possession and enjoyment of the suit property till the disposal of the suit O.S.No.168 of 2009. 6.The TIIC had resisted the above suit by contending that despite several opportunities and time being granted to the appellants they had not come forward to clear the due amount and even the post dated cheques issued by them were dishonoured and therefore the one time settlement could not go through. The auction notice was issued to the general public by way of pamphlets.
However, the auction could not be held on 04.09.2009 due to sudden demise of the then Chief Minister of Andra Pradesh and TIIC had immediately released a corrigenda in the Daily Thanthi on 04.09.2009 informing the general public that the auction date had been changed and the new date was 22.09.2009. This change in date was also intimated to the appellants by way of Registered Post and the same was acknowledged by a person authorised by the plaintiff. The place and date of auction was clearly mentioned in the newspaper dated 18.08.2009. The defendant also raised the issue of jurisdiction. It was the further case of Corporation that the plaintiff in O.S.No.155 of 2010 was the successful bidder and a sale in his favour was also confirmed and possession of property was also handed over to him.
This was also intimated to the appellants vide letter dated 05.11.2009. Therefore, the Corporation had contended that the suit itself have become infructuous.
7.The plaintiff in O.S.No.155 of 2010 had filed the suit for an injunction restraining the appellants from interfering with their peaceful possession and enjoyment of the suit property. The plaintiff therein would contend that the defendants were
trying to enter into the suit property by taking the help of Rowdy elements and on 27.12.2009 they had trespassed into suit properties constraining the plaintiff therein to file a Police complaint. Therefore the suit was filed. The Trial Court on consideration of the evidence on record dismissed the suits O.S.No.168 of 2009 and O.S.No.137 of 2010 and decreed the suit O.S.No.155 of 2010.
8.Challenging the said Judgment and Decree the appellants had filed A.S.Nos.29 to 31 of 2013 respectively. The Appellate Court also dismissed the said appeals. The only fulcrum upon which the appellants would rest their case is that the auction notice marked as EX.A.9 and EX.B.8 was bereft of details. The Appellate Court had clearly found that in the pamphlets the date and time have been mentioned and that apart it has been clearly specified that persons interested in taking the auction were to contact TIIC at their Office address which details were also provided therein. Therefore the very contention of the appellants that the details were not given in the pamphlets is false. That apart, the suit is filed to declare the auction notice as null and void.
It is seen that the auction process has been completed and possession has been taken over by the auction purchaser and therefore nothing survives for consideration in the suit O.S.No.168 of 2009. Consequently, the suit O.S.No.137 of 2010 would also fail. The Appellants have not made out any question of law warranting the interference of this Court.
In the result the Second Appeals stand dismissed. Consequently, connected Civil Miscellaneous Petition is also closed. There shall be no order as to costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kan To 1.
The Sub Court, Harur.
2.
The District Munsif, Harur.
+1cc to Mr.S.Baskaran, Advocate in sr.no.76475 S.A.Nos.669, 670 & 671 of 2018 & C.M.P.No.20378 of 2018 RJI(CO) CS/21/01/2019