IN THE HIGH COURT OF JUDICATURE AT MADRAS

Judgment Reserved on

08.12.2021

Judgment Pronounced on

16.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN

S.A.No.441 of 2020

and

CMP.Nos.9367 and 9368 of 2020

M/s.LVR and DONG-IN STONE LIMITED

represented by its Managing Director

L.R.Sivaprasad

...Appellant/Appellant/Plaintiff

..vs..

1.

M/s.Universal Granites Industries (P) Ltd

rep.by its Managing Director

S.Janardhana Reddy

No.48, Vanguard House

II Line Beach Road

Chennai-600 001.

2.

S.S.Anthoni

3.

State Bank of India

Siruthozhil (Chennai) branch

rep. by its Manager

No.2(Old No.320)

Valluvar Kottam High Road

Nungambakkam,

Chennai 600 034.

4.

The Collector

Kancheepuram District

Kancheepuram.

5.

State Industrial Promotion

Corporation of Tamilnadu (SIPCOT)

rep.by its Mananging Director

19-A, Rukmani Lakshmipathy Road

Egmore, Chennai – 600 008.

https://hcservices.ecourts.gov.in/hcservices/

6.

The District Revenue Officer

Kancheepuram District,

Kancheepuram.

...Respondents/Defendants/Defendants

This Second Appeal is filed under Section 100 of Civil

Procedure Code against the judgment and decree dated 26.11.2019

made in A.S.No.14 of 2016 on the file of the learned Sessions

Judge, Mahila Court, Chengalpattu, confirming the judgment and

decree dated 20.11.2015 made in O.S.No.181 of 2010 on the file

of the learned Principal Subordinate Judge, Chengalpattu.

For Appellant

:Mr.R.Thiagarajan

For Respondent-1

:Mr.V.Raghavachari

For Respondent-2

:Mr.R.Munuswamy

For Respondent-3

:No appearance

For Respondents 4 & 6

:Mr.D.Gopal

Government Advocate

For Respondent-5

:Mr.M.Karthikeyan

JUDGMENT

This Second Appeal is filed challenging the judgment and

decree in A.S.No.14 of 2016 dated 26.11.2019 on the file of

learned Sessions Judge, Mahila Court, Chengalpattu, confirming

the judgment and decree of the learned Principal Subordinate

Judge, Chengalpattu in O.S.No.181 of 2010 dated 20.11.2015.

2.

Appellant/plaintiff filed the suit for the

reliefs of directing the defendants 1 and 2 to specifically

perform the agreement for sale dated 11.01.1985 in respect of

the suit property by executing a sale deed, permanent injunction

restraining the defendants 1 and 2 from interfering with the

appellant's peaceful possession and enjoyment of the suit

property described in plaint schedule-1, restraining the

defendants 1 and 2 from interfering with smooth running of its

factory, group companies in suit schedule-1 property,

restraining defendants 1 and 2 from interfering with the custody

of the original title deeds in respect of the suit properties,

restraining defendants 1 and 2 from alienating or encumbering or

dealing with the suit properties, for permanent injunction

https://hcservices.ecourts.gov.in/hcservices/

restraining the defendants 4 to 6, their men, agents, servants,

subordinates or anyone claiming through them or authorized by

them from interfering with the plaintiff's right to have free

ingress and egress to reach its property comprised in S.No.55/1,

55/2 and 53/1 passing through the property comprised in S.No.48,

Ekattur Village, Kancheepuram Village, and for other reliefs.

3.

Appellant/plaintiff company is incorporated under

the Indian Companies Act, 1956 as a private limited company and

became a deemed public limited company. It is engaged in the

manufacture of granite monuments,

also manufacturer of

handicrafts ornamental granite monuments and exports finished

products to foreign countries. Its group companies M/s.G.Tech

Stone Ltd., and M/s.Perfect Stone Ltd., are deemed Public

Limited Companies and owning properties at Egathur, adjacent to

the suit properties. Directors of first respondent/first

defendant company were introduced to the appellant/plaintiff by

its foreign colloborators. Appellant purchased the property

measuring 3.86 acr