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2023 Supreme(Mad) 2040

N. SESHASAYEE
C. S. Balakrishnan – Appellant
Versus
T. Amudan Antony (Deceased) – Respondent


Advocates appeared:
For the Applicants:Thiyambak Kannan, Advocate. For the Respondents:Chitra Sampath, Senior Counsel, Assisted by M. Azhagu Raman, Advocate.

JUDGMENT

(Prayer: Application filed under Order XIV Rule 8 of the High Court Original Side Rules 1956 read with Order 15 Rule 3 of the Code of Civil Procedure, 1908, praying to hear and dispose of the present suit without any evidence being led by the parties.)

1. 1 The suit is laid for recovery of possession of the suit property from the defendants. The plaintiffs have taken out an application under Order XV Rule 3 CPC to decree the suit without trial in view of the fact that title of the first plaintiff over the property in lis had been conclusively decided against the defendants in the earlier rounds of litigation.

2. The brief facts are:

* The suit property is described as Plot No.2155, measuring 5,390 sq.ft., comprised in S.F.No.207 part, correlated to T.Sy.No.61, Block No.19, L - Block, Anna Nagar Colony West, Chennai.

* According to the plaintiffs, this property originally belonged to a certain Lalithambal. Sometime in the mid 1960s, this property along with others were acquired for the benefit of the Tamil Nadu Housing Board (TNHB), and that on 17.11.1965, declaration under Sec. 6 of the Land Acquisition Act, 1894, came to be published. On 21.03

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