C.S.No.47 of 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 10..10..2023

CORAM

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR

Civil Suit No.47 of 2020

and

O.A.Nos.77 & 78 of 2020

E.Chakravarthy

... Plaintiff

-Versus-

1.N.Rathinavel

2.Valarmathi

... Defendants

Suit filed under Oder VII Rule 1 of the Code of civil Procedure r/w Order

IV Rule 1 of Original Side Rules praying to pass a judgment and decree of

permanent injunction as against the defendants 1 and 2, their men, agents,

servants or any other person or persons claiming for, through or under them or on

behalf of them from disturbing the plaintiff in the peaceful use, enjoyment and

possession of the suit schedule properties which are situated in Chennai District,

Thiruvanmiyur Village, Kannappa Nagar Extension, comprised in Town Survey

field numbers 158 and 157 and bearing Plot Numbers 33 & 25 measuring an

extent of 2520 square feet and 2438 square feet respectively; permanent

injunction as against the defendants 1 and 2, their men, agents servants or any

other person or persons claiming for, through or under them or on behalf of them

from causing any disturbance to the construction activity which is being carried

out by the plaintiff by employing his men and servants in the suit schedule

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C.S.No.47 of 2020

properties which are situated in Chennai District, Thiruvanmiyur Village,

Kannappa Nagar Extension, comprised in Town Survey Field Numbers 158 &

157 bearing Plot Numbers 33 & 25, measuring an extent of 2520 square feet and

2438 square feet respectively; and for costs.

For Plaintiff

: Mr.C.P.Hemkumar for

Mr.A.Sathiyamurthi

For Defendants

: Set Ex-parte

JUDGEMENT

Suit is for a decree of permanent injunction restraining the defendants 1 and

2, their men, agents, servants or any other person or persons claiming for,

through or under them or on behalf of them from disturbing the plaintiff in the

peaceful use, enjoyment and possession of the suit schedule properties;

restraining defendants 1 and 2, their men, agents servants or any other person or

persons claiming for, through or under them or on behalf of them from causing

any disturbance to the construction activity which is being carried out by the

plaintiff by employing his men and servants in the suit schedule properties; and

also for costs.

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C.S.No.47 of 2020

2. The plaintiff claims to be absolute owner of the suit schedule items by

virtue of purchase from one K.Anbazhagan on 18.11.2019 and 18.12.2019

respectively. He was put in possession of the suit items on the date of execution of

the sale deeds. According to the plaintiff, the defendants have prevented him

from carrying out the construction activities in the suit properties and therefore,

he made a complaint to the police on 19.01.2020 as against the defendants. On

20.01.2020 also, the defendant attempted to prevent the plaintiff from carrying

out construction activities. On 27.01.2020, the plaintiff and his son were

prevented from entering into the suit schedule properties. On 28.01.2020, the

defendants entered into a wordy quarrel with the son of the plaintiff and

prevented the construction activities. Hence, the suit.

3. The defendants 1 and 2 have filed their written statement denying the

averments made in the plaint and inter alia contending that did not have any

semblance of right over the property in Old S.Nos.93/3 & 935/5 belonging to

them.

4. Based on the pleadings the following issues were framed for trial:

(1) Whether the plaintiff is entitled to get an order

of permanent injunction as against the defendants 1 and

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C.S.No.47 of 2020

2 from disturbing the plaintiff in the peaceful use,

enjoyment and possession of the suit schedule properties

which are situated in Chennai District, Thiruvanmiyur