Madras High Court
Nilofer Ebrahim vs M/S.Religare Finvest Limited on 4 February, 2022
C.S.No.936 of 2017
and A.Nos.5946, 1843, 1844 of 2018
and O.A.No.54 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.02.2022
CORAM
THE HONOURABLE MR.JUSTICE N.SESHASAYEE
C.S.No.936 of 2017
and A.Nos.5946, 1843, 1844 of 2018
and O.A.No.54 of 2018
Nilofer Ebrahim,
D/o.Late S.M.Ebrahim, ...Plaintiff
Vs.
1.M/s.Religare Finvest Limited
(A Non banking Finance Company)
having its registered office at;
D-3, P3B, District Centre,
Saket, New Delhi – 110 117
Represented by its Director
2.Meco Tronics Karnataka,
Rep by its Partner,
Mr.Sameer Ibrahim,
No.9, 1st Cross Road, Victoria Layout, Richmond Town,
Banglore, Karnataka -560 047.
3.Meco Tronics,
Rep. by its Partner,
Mr.Saif Ebrahmin,
Mch No.5-9-241/A/A and A/B A No.5-9-244 Abid Road
Hyderabad
Page No.1 of 4
https://www.mhc.tn.gov.in/judis
C.S.No.936 of 2017
and A.Nos.5946, 1843, 1844 of 2018
and O.A.No.54 of 2018
Hyderabad – 500 001.
4.Aiyaz M.Ibrahim (Deceased)
S/o. Late S.M.Ebrahim
5.Sameer Ebrahim,
S/o. Aiyaz M.Ibrahim
6. Ambereen Aiyaz,
W/o.Aiyaz M.Ibrahim,
7.Saif Ebrahmin,
S/o. Aiyaz M. Ibrahim
8.Mansoor Ebrahim
S/o.Aiyaz M.Ibrahim
(The 8th defendant is brought on record as
legal heir of deceased 4th defendant as per
order dated 09.09.2021 in A.No.2255/2021)
... Defendants
Prayer: The Civil Suit has been filed under Order IV Rule 1 O.S.Rules
Read with Order VII Rule 1 CPC prays for a Judgment and Decree against
the defendants for
(a) declaration declaring that the mortgage dated 29/02/2016 alleged to have
been made through 4th defendant as a power agent of the plaintiff in respect
of the property described in the schedule to the plaint in favour of the 1st
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https://www.mhc.tn.gov.in/judis
C.S.No.936 of 2017
and A.Nos.5946, 1843, 1844 of 2018
and O.A.No.54 of 2018
defendant as null and void, not binding on the plaintiff or the property
described in the schedule to the plaint;
(b) mandatory injunction directing the 1st defendant to return all the
documents of title (i) Regd. Sale Deed dated 31.01.1996 in Doc. No.
547/1996 of Joint 1 SRO Chennai Central; (ii) Un Regd. Construction
Agreement dated 08.02.1996; (iii) Building Plan; (iv) Encumbrance
certificate No.1894 /2014 of Joint 1 SRO Chennai Central dated 30.09.2014
relating to the property morefully described in the schedule to the plaint;
(c) permanent injunction restraining the defendants, their men, agents,
servants and persons or persons, claiming through or under them or acting
for and on their behalf, from in any manner, whatsoever interfering with the
plaintiff's peaceful possession, use, occupation and enjoyment of the
property, morefully described in the schedule to the plaint and for costs
For Plaintiffs : M/s.Tanya Kapoor
For Defendants : Mr.S.Namasivayan for D1
JUDGMENT
(This case has been heard through video conferencing)
The suit is settled out of Court. A memo dated 03.02.2022 to the effect is
filed.
https://www.mhc.tn.gov.in/judis
C.S.No.936 of 2017
and A.Nos.5946, 1843, 1844 of 2018
and O.A.No.54 of 2018
N.SESHASAYEE, J.
dk
2.The suit is thus dismissed as settled out of Court. The Registry is required
to refund the Court fee as per law. Consequently, the connected applications
are also dismissed. No costs.
04.02.2022
dk
Index : yes / no
Internet : yes / no
Speaking / non speaking
C.S.No.936 of 2017
& A.No.5946,1843,1844 /2018
and O.A.No.54 of 2018
04.02.2022
https://www.mhc.tn.gov.in/judis
