K. Devi vs Gee Kay Cosnstructions, Rep. By The Sole Proprietor, Mr. G. Balasubramanian

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Mad) 1400

V. LAKSHMINARAYANAN
K. Devi – Appellant
Versus
Gee Kay Cosnstructions, Rep. By The Sole Proprietor, Mr. G. Balasubramanian – Respondent

Advocates Appeared:
For the Petitioners: Dr. C. Ravichandran for Mr. Selvasekaran.
For the Respondents: Mr. S.R. Rajagopal, Senior Counsel for Ms. Selvi George.

ORDER :

(V. Lakshminarayanan, J.) :

(Prayer in C.R.P.No.2527 of 2023 : Civil Revision Petition under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 01.12.2022 passed in I.A.No.2 of 2022 in O.S.No.3620 of 2019 on the file of the VI Additional District Judge at Chennai.

Prayer in C.M.A.No.2088 of 2024 : Civil Miscellaneous Appeal under Order XLIII Rule of CPC to set aside the fair and decreetal order dated 01.12.2022 passed in I.A.No.3 of 2022 in O.S.No.3620 of 2019 on the file of the VI Additional District Judge at Chennai.)

These Civil Revision Petition and Civil Miscellaneous Appeal arise against the order passed by the learned VI Additional District Judge at Chennai in I.A.No.2 of 2022 and I.A.No.3 of 2022 respectively in O.S.No.3620 of 2019.

For the sake of convenience, the parties will be referred to as per their ranking in the suit.

2. O.S.No.3620 of 2019 was originally presented before this Court as C.S.No.293 of 2015. This is a suit for recovery of a sum of Rs.88 lakhs together with interest at the rate of 18% per annum and for injunction restraining the defendants from in any manner alienating or encumbering with the suit property and f