Madras High Court
T.Prakatheeswaran vs K.A.Shivago on 24 August, 2021
Order dated 24.08.2021
in Application No.1155 of 2021 and A.No.2351 of 2021
in C.S.No.109 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 24.08.2021
Coram:
THE HONOURABLE MR.JUSTICE V.PARTHIBAN
A.No.1155 of 2021 and A.No.2351 of 2021
in
C.S.No.109 of 2021
T.Prakatheeswaran, S/o A.Thandayutham
.. Applicant in A.No.1155 of 2021
.. Plaintiff in C.S.No.109 of 2021
.. Respondent in A.No.2351 of 2021
Vs.
1. K.A.Shivago, S/o Abraham
2. M/s.Viswas Flats Promoters Pvt. Ltd.,
represented by its Managing Director/Director,
Mr.K.A.Shivago
3. Mrs.V.P.Asha Shivago, W/o K.A.Shivago
.. Respondents in A.No.1155 of 2021
.. Defendants in C.S.No.109 of 2021
.. Applicants in A.No.2351 of 2021
Judge's Summons issued under Order XIV Rule 8 of the Original Side
Rules of this Court, read with Order XXVII Rule 5 of the Civil Procedure
Code (CPC) and A.No.1155 of 2021 in C.S.No.109 of 2021, praying to
direct the respondents/defendants to furnish security within the specified
time to the tune of Rs.2,09,26,936/- (Rupees two crores nine lakhs twenty
six thousand nine hundred and thirty six only) as may sufficient to satisfy
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Order dated 24.08.2021
in Application No.1155 of 2021 and A.No.2351 of 2021
in C.S.No.109 of 2021
the decree that may be passed in the above original suit on the file of this
Court and on his failure to furnish security before this Honourable Court
may be pleased to order that the property specified in the schedule
hereunder, be attached before the District Munsif Court, Sriperumbathur,
before the judgment, until the satisfaction of the decree.
Schedule
Flat No.F, FF1 (First Floor, Block F, Thamarai) consist of 1056 in the
project named "Mapple Tree Garden" along with UDS of 560 Sq.Ft. out of
schedule items 1 and 2 of the property hereunder mentioned.
Flat No.D, SF-2 (Second Floor, Block -D) consist of 1120 Sq.Ft. in the
project named "Mapple Tree Garden" along with UDS of 560 Sq.Ft. out of
schedule items 1 and 2 of the property hereunder mentioned:
Item No.1:
All that piece and parcel of the landed property bearing sub-divided
Plot No.A, measuring about 2446 Sq.Ft., Plot No.B, measuring about 2410
Sq.Ft. Plot No.C, measuring about 2396 Sq.Ft. Plot No.D measuring about
2396 Sq.Ft., Plot No.E, measuring about 2396 Sq.Ft. Plot No.F, measuring
about 2240 Sq.Ft. all put together a total extent of 14,284 Sq.Ft. (vide sub-
division planning permit No.SD/WDCN12/536/2013, dated 21.11.2013 by
the Corporate Chennai) comprised in Old S.No.76/7 part, New
WS.No.76/4A2 of Mugalivakkam Village, Sriperumbuthur Taluk,
Kancheepuram District,
bounded on:
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Order dated 24.08.2021
in Application No.1155 of 2021 and A.No.2351 of 2021
in C.S.No.109 of 2021
North by : Property in S.No.68 part
South by : canel
East by : 16 feet passage
West by : Property in 76/15 & 76/4A1
together with 4047 Sq.Ft. exclusive private passage (16 feet wide) and lying
within the Registration District of Chennai South Sub-Registration District
of Kundrathur.
Item No.2:
All that piece and parcel of the landed property bearing Plot No.3,
Part, Arumugam Nagar: Presently 20 feet wide private road (as per sub-
division plan) leading from existing 20 feet wide road to item No.1 herein
above mentioned comprised in S.No.76/7B3 of Mugalivakkam Village,
Sriperumbuthur Taluk, Kancheepouram District, measuring about 1064
Sq.Ft.
Bounded on:
North by : Plot No.4
South by : Remaining portion of Plot No.3
East by : 20 feet road,
West by : 16 feet wide private passage described as item No.1 herein above
and lying within the Registration District of Chennai South Sub-Registration
District of Kundrathur.
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Order dated 24.08.2021
in Application No.1155 of 2021 and A.No.2351 of 2021
in C.S.No.109 of 2021
Judge's Summons issued under Order XIV Rule 8 of the Original Side
Rules of this Court read with Order VII Rule 11(D) of the Civil Procedure
Code (CPC) and Application No.2351 of 2021 filed praying to reject the
plaint in C.S.No.109 of 2021 filed by the respondent with exemplary costs.
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Plaint filed under Order 7 Rule 1 of CPC read with Order 7 of the
Original Side Rules of this Court and suit numbered as C.S.No.109 of 2021
praying to pass a judgment and decree:
(a) to direct the defendants to pay Rs.2,09,26,936/- (Rupees two
crores nine lakh twenty six thousand nine hundred and thirty six only) with
subsequent interest @ 18% p.a. on the principal amount of Rs.1,25,07,600/-
(Rupees one crore twenty five lakhs seven thousand and six hundred only)
from the date of plaint (08.02.2021) to till the date of making the payment.
(b) to direct the defendants to pay costs of the suit
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For applicant in A.No.1155 of 2021 : Mr.R.K.Ramaiah
For respondents in A.No.1155 of 2021: No appearance
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ORDER
This Court, by order dated 17.03.2021 in Application No.1155 of
2021 in C.S.No.109 of 2021, directed the second defendant to furnish
security to the suit amount of Rs.2,09,26,936/- on or before 15.04.2021.
2. By order dated 06.08.2021, this Court provided last opportunity to
the respondents to comply with the said order dated 17.03.2021 and
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Order dated 24.08.2021
in Application No.1155 of 2021 and A.No.2351 of 2021
in C.S.No.109 of 2021
directed the matter to be listed today (24.08.2021).
3. Even today, this Court does not find any appearance on the side of
the respondents. In view of the fact that the furnishing of security as ordered
by this Court on 17.03.2021, has still not been complied with, and there is
also no representation for the respondents even today to inform this Court
as to the compliance of the order of this Court, dated 17.03.2021, this Court
directs that the property specified in the schedule to the application in
A.No.1155 of 2021, shall be attached before the District Munsif Court,
Sriperumbudur, before the Judgment, until the satisfaction of the decree.
4. Application No.1155 of 2021 is ordered in the above terms.
5. Registry is directed list the application in A.No.2351 of 2021, filed
for rejection of the plaint, in the usual course.
24.08.2021
cs
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Order dated 24.08.2021
in Application No.1155 of 2021 and A.No.2351 of 2021
in C.S.No.109 of 2021
V. PARTHIBAN, J
cs
A.No.1155 of 2021 and
A.No.2351 of 2021
in
C.S.No.109 of 2021
24.08.2021
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