MADRAS HIGH COURT
KOKILAMBALTHANU – Appellant
Versus
VASANTI NEELAKANTAN AND – Respondent
CS 156/2016
['M/S S SESHADRI', '', 'R SUGUMARAN', 'A V ARUN', 'R VINOTH KUMAR', 'NO', 'LINGHI CHETTY ST', 'III FLOOR', 'CH', '']
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
TUESDAY, THE 10TH DAY OF AUGUST 2021
THE HON'BLE MR. JUSTICE N.SESHASAYEE
C.S. No. 156 of 2016
and
A.Nos.2722 & 2723 of 2021
C.S. No. 156 of 2016:-
Kokilambal Thanu
W/o. Late N.Thanu
65/2, Luz Church Road
Mylapore, Chennai - 600 004.
...Plaintiff
Vs
1. Mrs. Vasanti Neelakantan
W/o. Late T. Neelakantan
No.24, Gilchrist_Avenue
Harrington Road
Chetpet, Chennai - 600 031.
2. Ms. Radha Neelakantan
D/o. late T.Neelakantan
No. 24, Gilchrist Avenue
Harrington Road
Chetpet, Chennai - 600 031
3. Ms. Usha Neelakantan
D/o. late T.Neelakantan
No. 24, Gilchrist Avenue
Harrington Road
Chetpet, Chennai - 600 031
4. Ms. Vidya Neelakantan
D/o. late T.Neelakantan
No. 24, Gilchrist Avenue
Harrington Road
Chetpet, Chennai - 600 031.
https://hcservices.ecourts.gov.in/hcservices/
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5. Brilliant Tutorials
It is rep by Managing Director,
Mr.Vasanthi Neelakandan
No.12, Masilamani St,
T.Nagar, Chennai - 600 017
6. Central Bank of India
Asset Recovery Branch
48/49, Montieth Road
Egmore, Chennai - 600 008
Rep by its Asst General Manager.
7. M/s. Bhoomi & Buildings Pvt. Ltd.
Rep by its Managing Director
Mr.A. Sundar
No.6, Padmanabha Nagar 2nd Street
Adayar, Chennai - 600 020.
8. Mr. Mohammed Zaid
Hamid Building
No.190, Anna Salai Chennai.
...Defendants
Civil Suit praying that this Hon'ble Court be pleased to pass a Decree
and judgment in favour of the Plaintiff and against the defendants
a) for a declaration declaring that the Release Deed dated
06.01.2011 registered as Document No. 92 of 2011 on the file of the
Sub-Registrar of Assurances, Periamet as null and void since the same
was registered fraudulently by the 1st Defendant
b) for a declaration declaring that the alleged mortgage dated
26th August 2013 executed by the 1st defendant in favour of the 6th
defendant and registered as Document No.2009/13 on the file of the
Sub-Registrar of Assurances, Thiyagaraya Nagar as null and void
https://hcservices.ecourts.gov.in/hcservices/
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since the registration was done fraudulently
c) pass a preliminary decree for partition according to Hindu
Succession Act embracing all legitimate successors to the estate of
Late Mr.Neelakantan and separate possession of the same by metes
and bounds or otherwise, in respect of the schedule C,D,E & F of the
suit properties.
d) For a declaration declaring that the alleged sale dated
26.07.2012 in respect of the schedule A property executed by the 1st
defendant in favour of the 7th defendant registered as Document
No.1728 of 2012 as null and void on the file of the Sub-Registrar, non
est and not binding on the plaintiff
e) For a declaration declaring that the alleged sale dated
25.06.2012 in respect of the Schedule B property executed by the 1st
defendant in favour of the 7th defendant registered as Document
No.1476 of 2012 on the file of the Sub-Registrar, as null and void,
non est and not binding on the plaintiff
f) For a declaration declaring that the alleged sale dated
16.10.2012 in respect of the schedule G property executed by the 1st
defendant in favour of the 8th defendant registered as Document
No.5696 of 2012 on the file of the Sub-Registrar as null and void, non
est and not binding on the plaintiff
https://hcservices.ecourts.gov.in/hcservices/
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g) For permanent injunction restraining the defendants or their
men, agents, servants, or any one acting through from creating any
encumbrance over the suit schedule mentioned properties by way of
sale, mortgage, lease etc.,
h) to award costs
i) Liberty to be reserved to the plaintiff to apply for final decree
for partition.
A.No.2722 of 2021:-
M/s. Bhoomi & Buildings Pvt Ltd.,
Rep by its Managing Director Mr. A.Sundar
6, Padmanabha Nagar, 2nd Street
Adyar, Chennai - 600020
.