2025:MHC:2873 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.11.2025 CORAM THE HONOURABLE MR.JUSTICE P.DHANABAL CS No.120 of 2022 and OA No.374 of 2022 and A Nos.3040 and 3042 of 2022

1. Mr.Narain Valiram Mahbubani S/o Late Mr.Valiram, No.9C/T5, Sindur Sea Princess Apartments, No.9, Coastal Road, Besant Nagar, Chennai – 600 090.

2.Mrs.Jaya Narain Mahbubani, W/o. Mr.Narain Valiram Mahbubani, No.9C/T5, Sindur Sea Princess Apartments, No.9, Coastal Road, Besant Nagar, Chennai - 600 090.

...Plaintiffs Vs

1. Mrs.Chitra Ramdas Iyer, W/o Ramdas Iyer, No.S2, Block III (Block “C”), 3^rd Floor, Sindur Sea Princess Apartments, No.9, Coastal Road, Beasant Nagar, Chennai - 600 090.

2.Mr.Kaushik Mohan, S/o. Mr.R.R.Mohan, No.S2, Block III (Block “C”), 3^rd Floor, Sindur Sea Princess Apartments, No.9, Coastal Road, Besant Nagar, Chennai - 600 090.

3.Mrs.Sheetal Ramdas, W/o. Mr.Kaushik Mohan, No.S2, Block III (Block “C”), 3^rd Floor, Sindur Sea Princess Apartments, No.9, Coastal Road, Besant Nagar, Chennai - 600 090.

...Defendants PRAYER: The Civil Suit has been filed under Order VII Rule 1 of CPC read with Order IV Rule 1 of the Original Side Rules to pass a Judgment and Decree against the defendants:-

a) For a permanent injunction restraining the defendants their men, agents, henchmen, etc., from any manner interfering with the peaceful possession and enjoyment of the suit schedule mentioned Car Parking by the plaintiffs;

b) The defendant to pay an amount of Rs.4,20,000/- (Rupees Four Lakhs Twenty Thousand Only) towards compensation for illegally parking their cars at the above said car parking slot for the last 42 months;

c) Award cost of the suit.

For Plaintiffs: Mr.G.Vijay Anand for M/s.G.Vijay Anand &

Associates.

For Defendants : Mr.S.S.Rajesh

JUDGMENT

This Suit has been filed by the plaintiffs under Order VII Rule 1 of CPC read with Order IV Rule 1 of the Original Side Rules for the relief of a permanent injunction restraining the defendants from interfering with the plaintiffs' peaceful possession and enjoyment of the Suit Schedule mentioned Car Parking and to direct the defendants to pay a sum of Rs.4,20,000/- (Rupees Four Lakhs Twenty Thousand Only) towards compensation for illegally parking their cars for the last 42 months.

2. The case of the plaintiffs is as follows:

(a) The plaintiffs are the owners of the Suit property, and they purchased the Suit property along with the Apartment through a Registered Sale Deed dated 10.02.2003.

(b) The plaintiffs' predecessor, namely Mr.Lalchand Meghraj Bellani, and his wife Mrs.Anu Lalchand Bellani, got title to the said property through a registered Document bearing Nos.2467 of 1984, 2466 of 1984, 2465 of 1984, 2468 of 1984, 115 of 1985, 114 of 1985, 160 of 1985, 161 of 1985 and

164 of 1985 in the office of Sub Registrar, Adyar.

(c) The present Apartment and two covered car parks owned by the plaintiffs had been constructed by the predecessors in title through an Agreement dated 13.05.1999, executed with M/s. Maruthi Builders, and the said two covered car parks along with the Pent House were owned by the plaintiffs' predecessor in title.

(d) The said two covered car parks were reconfirmed and demarcated as Car Park No.12 and Car Park No.19 at Block 3 of the Sindur Sea Princess Apartments Complex by the Manager, M/s.Maruthi Builder. A copy of the plan was handed over to the Sindur Sea Princess Owner's Association office and was acknowledged by an office bearer of the Owners Association. (e) During the plaintiffs' predecessors in title, they were utilizing the two covered car parks, which were painted and demarcated in Yellow and Black Colours specifying the ownership of the same in Apartment No.T5 of IIIrd Block. After the purchase of the Pent House Apartment by the plaintiffs, they are the absolute owners of the said building as well as the said covered car parks.

(f) The defendants in the year 2018 had occupied an Apartment on the third floor of the same Block, bearing Door No.S2, for the plinth area of about