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2021 Supreme(Mad) 1861

P.T.ASHA
Bharat Petroleum Corporation Ltd. , Represented by its Senior Manager - Legal (South), Chennai – Appellant
Versus
ATM Constructions (P) Ltd. , Represented by its Chairman, C. M. Ibrahim – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Krishna Srinivas, Advocate
For the Respondent:R. Balachandaran, Advocate
For the Intervenor :S.S. Rajesh, Advocate

JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of the CPC against the Judgment and Decree passed in A.S.No.361 of 2010 dated 08.01.2021 passed by the XVIII Additional Judge, City Civil Court, Chennai, confirming the Judgment and Decree dated 30.04.2010 made in O.S.No.711 of 2006.)

1. The case on hand demonstrates how an unscrupulous litigant continues litigating although he is aware that he is fighting a loosing battle. The poor landlord is up against a public sector undertaking which has the wherewithal to litigate continuously and the instant litigation is over 15 years old. The defendants before the Courts below had invoked the Jurisdiction of this Court under Section 100 of the Code of Civil Procedure challenging the Judgment and Decree of the XVIII Additional City Civil Court, Chennai in A.S.No.361 of 2010 in and by which the learned Judge confirmed the Judgment and Decree passed by the III Assistant City Civil Court, Chennai in the suit O.S.No.711 of 2006. The parties are referred to in the same rank as before the Trial Court.

2. The suit revolves around the property bearing Door No.282 (Old No.1/87-L) Mount Road, Teynampet, Chennai, measuring an extent of 4 grounds 2

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