IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2021

CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN

AND

THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU

O.S.A. No. 276 of 2020

and

C.M.P. No. 13527 of 2020

P.A.Aswin Kumaar

... Appellant

Vs

1. Mrs. C.R.Kasthuri

2. Mrs. Sarayou Basant

3. Mrs. Saaru Roopa

4. Ms. Hema Roopa

5. Mr. S.P.Sanjai

6. Mr. J.M.H.Imran Khan ... Respondents

PRAYER:- Original Side Appeal filed under Order XXXVI Rule 9 of

the Madras High Court Original Side Rules and Order 41 Section

96 of the Civil Procedure Code read with Clause 15 of the

Letters Patent, praying to set aside the fair order and

decreetal order passed in O.A. No. 1058 of 2019 in C.S. No. 256

of 2019 dated 23.07.2020 and grant the order of injunction as

prayed for therein.

Prayer in CS No.256 of 2019:

Plaint filed under order IV Rule I of the Original Side

Rules R/W Order VII Rule 1 of CPC

a.directing the Defendants 1 to 5 to pay a sum of

Rs.1,74,36,012/-jointly and severally with interest at 20% p.a

from 09.01.2019 to date of realization;

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

alternatively

declaring the sale of 2400 sq.ft on the northern side of

schedule B property covered by Sale Deed No.1235/2017 registreed

at SRO, Periamet, Chennai, as null and void and consequently,

direct the Defendants 1 to 4 and 6 to transfer the said 2400

sq.ft. To the Plaintiff.

b.to pay the costs of the suit to the Plaintiff and

c.pass such further or other order/relief deemed fit and

necessary in the facts and circumstances of the case and thus

render justice.

Prayer in O.A. No. 1058 of 2019:

This O.A filed under Order XIV Rule 8 of the Original Side

Rules read with order 39 Rule 1 of CPC praying to grant interim

injunction restraining the 6^th Respondent/Defendant his men

and/or

agensts

claiming

under

him

from

alienating/encumbering/transferring

and/or

disposing

the

schedule B property in any manner to prevent creation of further

third party interest on the suit schedule B property, pending

disposal of the titled suit;

b)Pass such other or further order/relief deemed fit and

necessary in the facts and circumstances of the case and thus

render justice.

Schedule A

Sl.No.

Date

Cheque No.

Amount[Rs]

1 07/11/2015

092839

5,00,000/-

2

12/01/2016

092849

10,00,000/-

3

25/01/2016

092850

10,00,000

4

27/01/2021

375011 10,00,000/-

5

09/02/2016

375014 20,00,000/-

6

18/02/2016

375016 10,00,000

7

24/02/2016

375017 10,00,000/-

8

18/03/2016

375021 5,00,000/-

9

18/03/2016

375022 5,00,000/-

10

28/03/2016

275023 2,50,000/-

11

29/03/2016

375024 1,50,000/-

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

Sl.No.

Date

Cheque No.

Amount[Rs]

12 29/03/2016

By Cash

3,50,000/-

13

15/04/2016

375028

By cash

2,00,000/-

50,000/-

14 26/12/2016

375043 75,000/-

15 06/01/2017

375044 50,000/-

16

18/01/2017

375045 75,000/-

17

25/01/2017

375046 25,000/-

18

31/01/2017

375047 2,25,000/-

19

18/03/2017

375049 50,000/-

Total

1,00,00,000/-

Schedule B Property

All that piece and parcel of land and the buildings

consisting of shops standing thereon at Old Door No.17, New Door

No.47, Arunachala Naicken Street situation in S.No.735 in Ward

No.16, Block No.13, Chinthadripet, Chennai-600 002 within the

Sub-Registration District of Chinthadripet and Registration

District of Chennai Periamet bounded on the:

North by: East West Arunachala Naicken Street

South by: Sami Pandara Street and Arisi Mandi Buildings

East by : Pathway by 13 ft in the East West and 147 ft in

the South-North

West by : House and Site bearing Door No.18/1 belonging to

CRB.Jayamani Ammal

Measuring on the South-North 147 feet; on the East-West 64

feet including 6 ½ feet in the pathway described in the Eastern

boundary said above, admeasuring 9408 sq.ft.

For Appellant

:

Mr. Perum