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MADRAS HIGH COURT
KOKILAMBALTHANU – Appellant
Versus
VASANTI NEELAKANTAN AND – Respondent
CS 156/2016



Advocates:
['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

.

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