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2025 Supreme(Online)(Mad) 73068

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice P. DHANABAL
SUBHASH CHAND JAIN HUF – Appellant
Versus
Visalakshi Suresh – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 20.11.2025 CORAM:

THE HON'BLE Mr.JUSTICE P.DHANABAL C.S.No.87 of 2019 and Tr.C.S.No.27 of 2022 M/s N.Subhash Chand Jain HUF represented by its Karta Mr.N.Subhash Chand Jain

10/6, Angadi Street, V.P.Colony, Ayanavaram, Chennai – 600 023 ... Plaintiff in C.S.No.87 of 2019

1. Visalakshi Suresh 2. R.Muthukrishnan

3. G.Ramakrishna

4. A.K.S.Narayana Rao

5. A.V.S.Bhaskar

6. P.Sesha Reddy ... Plaintiffs in C.S.No.27 of 2022 Vs.

1. Visalakshi Suresh

2. A.V.S.Bhaskar

3. R.Muthukrishnan

4. G.Ramakrishna 5. P.Sesha Reddy

6. A.K.S.Narayana Rao

7. Green Avenue Homes (P) Ltd., rep. By its Managing Director D.Dhinakaran 'Twin Towers', 305-E/170, T.T.K.Road, Alwarpet,Chennai – 600 018 ... Defendants in C.S.No.87 of 2019

1. M/s Green Avenue Homes (P) Ltd., rep. By its Managing Director D.Dhinakaran 'Twin Towers', 305-E/170, T.T.K.Road, Alwarpet,Chennai – 600 018

2.M/s N.Subhash Chand Jain HUF represented by its Karta N.Subhash Chand Jain No.20, North street, Jinalaya Apartments, VP.Colony, Ayanavaram, Chennai – 600 023

3. D.Dhinakaran Managing Director of M/s green Avenue Homes (P) Ltd., D13, Jain Sagarika Apartments, Sathyadev Avenue MRC Nagar, Chennai – 600 028 (2nd defendant amended as per order dated 15.07.2024 in App.No.2558 of 2024)

Prayer in C.S.No.87 of 2019:

The Civil Suit filed under Order IV Rule 1 of Original Side Rules read with Order VII Rule 1 of Civil Procedure Code, 1908 to pass a Judgment and Preliminary decree in favour of the plaintiff as against the defendants:-

(a) for the specific performance of the two registered sale agreements bearing registration nos.3730 & 3731/2013 dated 19.09.2013 SRO, Anna Nagar, Chennai directing the defendants to execute two registered sale deeds in favour of the plaintiff in respect of undivided 2/8th share in the suit A Schedule property (Suit C Schedule property) on receipt of the balance sale consideration of Rs.83,31,000/- on each sale agreement and on their failure to do so this Court to execute the two registered sale deeds in favour of the plaintiff in respect of the undivided 2/8th share in the suit A Schedule property (Alternatively)

b) directing the defendants jointly and severally to pay a sum of Rs.51,57,173/- [Rupees Fifty One lakhs fifty seven thousand one hundred and seventy three only) to the plaintiff together with interest @ 24% per annum on the principal sum of Rs.24,00,000/- (Rupees Twenty four lakhs only) from the date of suit till the date of realisation.

c) award cost of the proceedings and d) pass such other reliefs.

Prayer in Tr.C.S.No.27 of 2022:

The Civil Suit filed under Order IV Rule 1 of Original Side Rules read with Order VII Rule 1 of Civil Procedure Code, 1908 to pass a Judgment and Preliminary decree in favour of the plaintiff as against the defendants:-

(a) To declare that any act done by the 1st defendant pursuant to the Power of Attorney dated 29.10.2012 registered as Document No.1102 before SRO, Anna Nagar which was subsequently cancelled vide Deed of Cancellation dated 08.10.2015 and 31.12.2015 registered as Document No.4571/2015 before SRO Anna Nagar as Null and Void in view of the 1st defendant's letter dated 26.01.2016, wherein he has expressed his inability to continue with the project (b) To consequentially declare that the sale agreement dated

19.09.2013 registered as Document No.3730/2013 before SRO Anna Nagar executed by the 1st defendant as General Power of Attorney of the plaintiffs in favour of the 2 nd defendant as null and void.

(c) To consequentially declare that the sale agreement dated

19.09.2013 registered as Document no.3731/2013 before SRO Anna Nagar executed by the 1st defendant as General Power of Attorney of the plaintiffs in favour of the 2nd defendant as Null and void.

(d) for a permanent injunction restraining the defendants, their men, agents, servants or any other person making claim under the defendants from in any way interfering with the plaintiff's peaceful possession (e) For a permanent injunction restr

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