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2016 Supreme(Mad) 3031

SANJAY KISHAN KAUL, R.MAHADEVAN
President, Akriti Flat Owners Association – Appellant
Versus
T. P. Mathew – Respondent


Advocates Appeared:
For the Appellant : Dr. P.Vasudevan
For the Respondent: Mr .K.Thiruvengadam, Mr. S.R.Sundar

JUDGMENT :

SANJAY KISHAN KAUL, J.

M/s. Anubhav Group of Companies went into liquidation and is now represented through the Official Liquidator. Prior to liquidation proceedings, the said respondent has developed the property and constructed flats on property No.221 (Old No.163/138), Velacherry Main Road, Sembakkam, Chennai, which was sold to different flat owners. The flat owners acquired rights to different flats along with undivided proportionate shares of the land.

2. It is the adjacent property plot bearing No.131/18, which was sold on “as is where is” basis in a public auction, after the liquidation proceedings, to the first respondent. It is the case of the first respondent that when they purchased the property on “as is where is” basis they were shown access to the property through the common pathway of the appellant. But subsequently, the appellant has blocked that way and is not permitting them access. This has resulted in the land sold to respondent No.1 through the Court process, being land locked.

3. Company Application No.3227 of 2007 in Company Petition No.130 of 1999 was filed by respondent No.1 seeking direction against the appellant, being the Flat Owners Association,









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