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Madras High CourtA/9666/2018ordered

Chrome Leather Co.Ltd v. Quentin Dawson S/O.Late G.E.Dawson

2019-01-04Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 04TH DAY OF JANUARY 2019 THE HON'BLE MR. JUSTICE K.KALYANASUNDARAM A. No. 9666 of 2018 in C.S.No.422 of 2015

1. The Chrome Leather Company Limited having its registered office at 7, Works Road, Chromepet, Chennai 600 044.

Rep. by its Manager/Authorised signatory Mr.A.Selvakumar 2 Sri Lakshmi Ammal Educational Trust having regd off. at 29, Tilak Street T.Nagar, Chennai 600 017 Rep. by its Trustee J.Anusuya 3 Bharath Institute of Higher Education and Research (Bharath University) Deemed to be University having regdistered office at 25, Mahalingam Street, Mahalingapuram, Chennai-600 034 Represented by its Registrar, Mr.V.Kanakasabai ..Applicants/Plaintiffs Vs Quentin Dawson S/o.Late G.E.Dawson, No.4/350 Kennedy Valley.

Moovarasampet Chennai 600 091.

..Respondent/Defendant Application praying that this Hon'ble Court be pleased to:

Frame the additional issues in the above suit as follows:

(1) Whether the order dated 08/07/2008 made in A.No.3899/2007 in O.P.NO.178/1969 would operate as estoppel against George Joseph Chambers and any one claiming under

him to claim as the legal heirs of the late Ida L Chambers.

(2) Whether the dismissal of Crimanal OPs and Writ Petitions filed by the defendant by this Hon'ble Court. would not operate as estoppel against the defendant thereby preventing him from committing any act slandering the title of plaintiff in respect of the suit properties. This Application coming on this day before this court for hearing the court made the following order: This application has been filed for framing additional issues.

2. Mr.G.Masilamani, learned Senior Counsel appearing for the applicants would state that based on the pleadings and other materials available on record, the following additional issues have to be framed:

1. Whether the order dated 08.07.2008 made in Appln.No.3899 of 2007 in O.P.No.178/1969 would operate as estoppel against George Joseph Chambers and any one claiming under him to claim as the legal heirs of the late Ida L.Chambers?

2. Whether the dismissal of Criminal Ops and Writ Petitions filed by the defendant by this Hon'ble Court, would not operate as estoppel against the defendant thereby preventing him from committing any act slandering the title of plaintiff in respect of the suit properties?

3. Heard both sides.

4. Perusal of the materials would reveal that

additional issues have necessarily to be framed and by framing the additional issues no prejudice would be caused to the respondent / defendant.

4. In the light of the above facts, additional issues are framed. Accordingly, this application is allowed.

5. Registry is directed to post the suit before the learned Additional Master II, for recording evidence. Sd/.M.K.K.S.J.

04.01.2019 //Certified to be a true copy// Dated this the day of 2019.

SU/01.11.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.