Madras High Court
G.Sunita Viola vs P.G.Sukumaran on 25 October, 2021
C.S.No.508 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2021
CORAM
THE HONOURABLE MR. JUSTICE V.PARTHIBAN
C.S.No.508 of 2019
G.Sunita Viola ... Plaintiff
-Vs.-
1.P.G.Sukumaran
2.Dr.Sunny John George Bhaskaran
3.Dr.James Sujit Kumar
... Defendants
Prayer: Civil Suit filed under Order IV Rule 1 of the Original Side Rules
read with Order VII Rule 1 of the Code of Civil Procedure, praying to pass
a judgment and decree in favour of the plaintiff and as against the
defendants:
(a) to declare that the plaintiff is the sole, lawful and absolute
owner of the entire suit schedule property and hand over possession to the
plaintiff;
(b) a decree of permanent injunction restraining the defendants and
their men, agents, etc., from dealing with or encumbering the suit schedule
property in any manner to any third party;
(c) to pay cost of this suit.
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C.S.No.508 of 2019
For Plaintiff : Mr.R.N.Karthikeyan
For Defendants : Ex-parte
JUDGMENT
The present Civil Suit has been filed by the plaintiff for the above
mentioned prayers.
2. The case of the plaintiff is that the defendants are the brothers of
the plaintiff. The suit schedule property situated at Old Door No.11 &
11A, Bishop Waller's Avenue East, Mylapore, Chennai 600 004,
comprised in O.S.No.2788, R.S.No.1594/24, in Block No.33,
R.S.No.1594/24 in Mylapore, is the ancestral property of the plaintiff. The
brothers of the father of the plaintiff have executed a partition deed dated
16.06.1973 on the file of SRO, Mylapore and partitioned the above said
property in three schedules and the plaintiff's father got Schedule 4 and
Portion C for a total extent of 4008 Sq.ft of land and building stated in the
partition deed. The plaintiff states that the plaintiff's father in turn
executed a registered settlement deed in Doc.No.1314/2015 dated
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C.S.No.508 of 2019
28.04.2015 on the file of SRO Mylapore in favour of the plaintiff and the
defendants. Thereafter, the father of the plaintiff died on 25.12.2017.
3. After the demise of the father of the plaintiff, the respective
shares of the plaintiff and the defendants were handed over to them. While
matter stood thus, to the shock and dismay of the plaintiff, the first
defendant who was in Abudabi U.A.E., had returned from there and
criminally trespassed the schedule property of the plaintiff and obstructed
the plaintiff to enter into her legitimate portion allotted by her father.
According to the plaintiff, she lodged a complaint before the Deputy
Commissioner of Police, Mylapore against the first defendant and the same
was forwarded to the Inspector of Police, Mylapore. The police Personal
enquired the complaint and advised the first defendant not to indulge in
the possession of the plaintiff. According to the plaintiff, despite various
complaints given her against the first defendant, he continued to disturb
the peaceful possession and enjoyment of the plaintiff in the said property.
Thereafter, the first defendant filed a suit against the plaintiff in
O.S.No.668 of 2018 for restraining the plaintiff and agents not to interfere
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C.S.No.508 of 2019
in the peaceful possession and enjoyment of the schedule property, which
is pending on the file of III Assistant Judge, City Civil Court at Chennai.
4. The plaintiff states that the above suit filed by the first defendant
is mischievous in nature and the first defendant is attempting to grab the
plaintiff's legitimate property by illegal means. Therefore, she is before
this Court by way of the present suit.
5. An application in O.A.No.798 of 2019 has been filed by the
plaintiff seeking interim injunction. This Court vide order dated
21.01.2020 granted interim injunction restraining the respondents from
directly or indirectly dealing with or encumbering the property described
in the schedule to the Judge's summons pending disposal of the suit.
6. Despite paper publication was effected on the defendants on
20.12.2019 in a tamil daily “Makkal Kural” and in any of the local daily
both in regional language as well as in English on 10.08.2021 and their
names being printed in the cause list, they had neither appeared in person
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C.S.No.508 of 2019
nor through a counsel on their behalf. Therefore, the defendants were set
exparte by this Court vide order dated 08.09.2021 and the suit was posted
before the Master Court for recording evidence.
7. In order to prove her case, the plaintiff filed proof affidavit and
she is examined as P.W.1 and got marked Exs.P1 to P7. Ex.P1 is the
certified copy of settlement deed dated 28.04.2015. Ex.P2 is the original
death certificate of plaintiff's father George Singarababu Bhaskaran dated
12.01.2018. Ex.P3 is the original of police complaint lodged by plaintiff
husband on behalf of plaintiff dated 20.01.2018. Ex.P4 is the original
complaint before Assistant Commissioner, Mylapore Range lodged by
plaintiff husband on behalf of plaintiff dated 27.01.2018. Ex.P5 is the
certified copy of Order in Crl.O.P.No.16400/2018 on the file of Hon'ble
High Court of Madras dated 26.06.2018. Ex.P6 is the certified copy of
Order in Crl.M.P.No.3264/2018 on the file of Learned XVIII,
Metropolitan Magistrate, Saidapet dated 04.10.2018. Ex.P7 is the original
complaint to the Inspector of police, Mylapore station lodged by plaintiff's
husband on behalf of the plaintiff dated 12.11.2018.
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C.S.No.508 of 2019
8. A perusal of the evidence of PW.1 coupled with the exhibits
would reveal that the plaintiff has proven her case. Therefore, the plaintiff
is entitled to the relief as prayed for.
9. Accordingly, the Civil Suit is decreed as prayed for. No costs.
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C.S.No.508 of 2019
Witnesses examined on
behalf of the Plaintiff:
P.W.1 – Mrs.G.Sunita Viola
Witnesses examined on
behalf of the Defendants:
None
Exhibits marked on behalf
of the Plaintiff :
Ex.P1/ dated 28.04.2015 - is the certified copy of settlement deed;
Ex.P2/dated 12.01.2018 - is the original death certificate of
plaintiff's father George Singarababu
Bhaskaran;
Ex.P3/ dated 20.01.2018 - is the original of police complaint lodged
by plaintiff husband on behalf of plaintiff;
Ex.P4/ dated 27.01.2018 - is the original complaint before Assistant
Commissioner, Mylapore Range lodged
by plaintiff's husband on behalf of
plaintiff;
Ex.P5/ dated 26.06.2018 - is the certified copy of Order in
Crl.O.P.No.16400 of 2018 on the file of
Hon'ble High Court of Madras dated
26.06.2018;
Ex.P6 / dated 04.10.2018 - is the certified copy of Order in
Crl.M.P.No.3264 of 2018 on the file of
Learned XVIII, Metropolitan Magistrate,
Saidapet;
Ex.P7/ dated 12.11.2018 - is the original complaint to the Inspector
of Police, Mylapore Station ledged by
plaintiff's husband on behalf of the
plaintiff;
Exhibits marked on behalf
of the Defendants:
Nil
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C.S.No.508 of 2019
V.PARTHIBAN, J.
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C.S.No.508 of 2019
25.10.2021
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