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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION)

TUESDAY, THE 14TH DAY OF SEPTEMBER 2021

THE HON'BLE MR. JUSTICE N.SESHASAYEE

A.Nos.2835 and 2836 of 2021

in

C.S. No.358 of 2016

L. Abhishek Kankaria

19/20, General Muthiah Mudali Street,

Chennai-600 079.

... Plaintiff

vs

1 Vasavi Housing Infrastructure Ltd.

Rep.by its Director P.B.Krishnaprasad

No.8-A, Kandasamy Street, R.A. Puram,

Chennai -600 028.

2 Mrs. Nagalakshmi Vengataramani

3 Mr. Anandaraman Raghavan

4 Mrs. A. Nagarathinam

(2 to 4 residing at) Flat No.9,

Narmada Apartments,

No.21, 3rd Cross Street, Raja Annamalaipuram,

Chennai – 600 028.

5 State Bank of India

Rep. by its Branch Manager

Retail Assets Central Processing Centre (RACPC)

MRC Nagar, Chennai-600 102.

6 Mr. M. Sridharan

2/55, Vandikaran Street,

West Mambalam, Chennai – 600 033.

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

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7. Mr.N.Balasubramanian (*)

8. Mr.B.Shyam Sundar (*)

Both residing at:

No.10, IV Cross Street,

Karpagam Garden,

Adyar, Chennai 600 020

..Defendants

Defendants 7 and 8 impleaded (*)

as per order dated 12.02.2020

in A.No.9249 of 2019

A.Nos.2835 and 2836 of 2021:

L. Abhishek Kankaria

19/20, General Muthiah Mudali Street,

Chennai-600 079.

...Applicant/Plaintiff

vs

1 Vasavi Housing Infrastructure Ltd.

Rep.by its Director

P.B.Krishnaprasad

having its office at

No.8-A, Kandasamy Street, R.A. Puram,

Chennai -600 028.

2 Mrs. Nagalakshmi Vengataramani

3 Mr. Anandaraman Raghavan

4 Mrs. A. Nagarathinam

(2 to 4 residing at) Flat No.9,

Narmada Apartments,

No.21, 3rd Cross Street, Raja Annamalaipuram,

Chennai – 600 028.

5 State Bank of India

Rep. by its Branch Manager

Retail Assets Central Processing Centre (RACPC)

MRC Nagar, Chennai-600 102.

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

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6 Mr. M. Sridharan

2/55, Vandikaran Street,

West Mambalam, Chennai – 600 033.

7. Mr.N.Balasubramanian

8. Mr.B.Shyam Sundar

Both residing at:

No.10, VV Cross Street,

Karpagam Garden,

Adyar, Chennai 600 020.

..Respondents/Defendants

Defendants 7 and 8 impleaded

as parties as per order in I.A.No.3243 of 2019

dated 12.02.2020.

A.Nos.2835 of 2021:

Application praying that this Hon'ble Court be pleased to permit the

plaintiff to pay the additional court fee of Rs.150/- payable in respect of the

increased valuation.

A.Nos.2836 of 2021:

Application praying that this Hon'ble Court be pleased to permit the

plaintiff to amend the plaint in CS.358 of 2016 more fully described in the

scheudle of amendment in judge's summons.

These Applications coming on this day before this court for hearing,

the Court made the following order:

The suit is laid for specific performance and was instituted initially

against defendants 1 to 6. Subsequently, Vide the order in A.No.9249 of

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

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2019, defendants 7 and 8 were impleaded and an additional prayer too was

sought against them. They are

pendente lite

transferees. The

Applicant/plaintiff has taken out an Application in A.No.2836 of 2021 for

amending the plaint to incorporate an additional relief for a decree of

prohibitory injuction to restrain the defendants 7 and 8 from alienating the

property further and for cancellation of sale agreement and for construction

of the sale agreement dated 09.07.2014 in favour of defendants 7 and 8.

Accordingly, this has affected the valuation of the suit and also the Court

fee. They have now taken another Application in A.No.2835 of 2021 for

payment of an additional Court fee of Rs.150/- payable on the additional

relief now sought by the amendment.

2. A counter has been filed for both these Applications wherein, it is

contended that the prayer sought for cancellation of the agreement dated

09.07.2014 is barred by limitation.

3.The suit is la