Advocates:
['S SIVARAMAN', '', 'SHABNAM BANU', 'T SUSHIL SARAYU']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction )

Friday, the Twenty Ninth day of April Two Thousand Twenty Two

PRESENT

THE HON’BLE MR.JUSTICE S.S.SUNDAR

CMP.No.8823 of 2020

in SA.No.656 of 2018

RAMESH KRISHNAN

[ PETITIONER ]

REP BY HIS POWER AGENT MR.SURYA NARAYANAN,

NO.40/51, BEACH ROAD, KALAKSHETRA COLONY,

BESANT NAGAR, CHENNAI – 600 090.

Vs

1 NIRMALA VICTOR

[ RESPONDENTS ]

2 THOMAS WILSON

3 SANDRA WILSON

4 M/S.VALUE LOGICS PRIVATE LIMITED,

HAVING OFFICE AT FLAT NO.1,

REP BY MR.SUBRAMANIYAM SHARMA,

REGIONAL MANAGER(OPERATION),

NO.27, JUSTICE BALAKRISHNAN ROAD,

VALMIKI NAGAR,THIRUVANMIYUR,

CHENNAI- 600 041.

5 S.JAYARAMAN

6 R.PREMA

7 S.KUMARAN

8 S.MAHESHWARAN

9 SHYAMALA SRIDHARAN,

10 SRIKANT SRINIVASAN,

11 RAVIKARAN

12 LATHA GANAPATHY

13 N.SUBRAMANYAN

14 MANU NATARAJAN

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

15 SUJATHA MANU

16 P.PREM

17 BEENA PREM

18 VIVEK PREM

19 LAKSHMI RAMA KRISHNAN

20 THE PRINCIPAL SECRETARY

CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY,

NO.01, GANDHI IRVIN ROAD,

THALAMUTHU NATARAJAN HOUSE,

EGMORE, CHENNAI – 600 008.

21 THE COMMISSIONER,

GREATER CHENNAI CORPORATION,

RIPPON BUILDINGS,

SYDENHAMS ROAD, KANNAPAR THIDAL,

PERIYAMET, CHENNAI – 600 003

Petition praying that in the circumstances stated therein and

in the affidavit filed therewith the High Court will be pleased to

restrain the respondents from disturbing the peaceful possession of

the appellant’s property at Door No.6/11, 5th Floor(Penthouse),

Avatar Apartments, situated in Plot No.5(2)A and 5(2)B, 2nd Seaward

Road and Justice Balakrishnan Road, Valmiki Nagar, Thiruvanmiyur,

Chennai-600 041(CMP.No.8823 of 2020)pending disposal of the present

SA.No.656 of 2018.

SCHEDULE OF PROPERTY

The penthouse property situated at Door No.6/11, 5^th Floor

(Penthouse), Avatar Apartments, Plot No.5(2)A and 5(2)B, 2^nd Seaward

Road and Justice Balakrishnan Road, Valmiki Nagar, Thiruvanmiyur,

chennai-600 041 admeasring about 1790 sq.ft.

Order : This petition coming on this day for hearing upon

perusing the petition and the affidavit filed in support thereof

and upon hearing the arguments of M/S.S.SIVARAMAN, Advocate for the

petitioner and of M/S.K.V.ANANTHA KRUSHNAN, Advocate for 1 to 3, 5

to 8, 10 to 12,19 to 21 Respondents and of the 13^th Respondent not

appearing either in person or by an Advocate and of M/S.P.VEENA

SURESH, Standing Counsel(CMDA) for 20^th Respondent, the court made

the following order:-

This petition is filed to restrain the respondents from

disturbing the peaceful possession of the appellant's property at

Door No.6/11, 5th floor (Penthouse), Avatar Apartments, situated in

Plot No.5(2) A and 5(2) B, 2nd Seaward Road and Justice

Balakrishnan Road, Valmiki Nagar, Thiruvanmiyur, Chennai – 600 041,

pending disposal of the present proceedings.

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2. Brief facts that are necessary for the disposal of this

petition are as follows:

The respondents 1 to 19 in the petition, as plaintiffs, filed

a suit in O.S. No.1775 of 2005 before the City Civil Court,

Chennai, for a declaration that the plaintiffs and their successors

alone have exclusive right to enjoy the open terrace portion in the

building, Avatar Apartments and permanent injunction restraining

the defendants 1 to 3 and their heirs from selling the unauthorised

construction of about 1790 sq.ft. in the common open terrace with

undivided share of land and in any way interfering with the

plaintiffs' ex