Madras High Court
Abbas S.Lehry vs M/S.Kgeyes Residency Private Ltd on 20 June, 2023
C.S.No.699 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.06.2023
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA
C.S.No.699 of 2011
Abbas S.Lehry ... Plaintiff
versus
1.M/s.Kgeyes Residency Private Ltd.,
Rep. by its Managing Director,
P.V.Shanmugam,
“Srushtissthal, No.10, II Cross Street,
Raja Annamalaipuram,
Chennai - 600 028.
2.S.Parvathi (Deceased)
3.A.Lakshmi
4.S.Saraswathi
5.S.Venkatasubramanian
6.Nandhini
7.Nethra
D/o.Late S.Paramaguru
(7th defendant declared as major and Nandhini discharged from the
guardianship as per order dated 16.07.2021 in Appl.Nos.1813 & 1814 of
2021)
8.S.Srinithi ... Defendants
(8 defendant is brought on record as legal heir of the deceased 2 nd
th
defendant as per order dated 24.02.2022 in Appl.No.39 of 2022 and time
extended as per order dated 25.03.2022)
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C.S.No.699 of 2011
PRAYER: Civil Suit filed under Order IV Rule 1 of Original Side Rules
read with Order VII Rule 1 of Code of Civil Procedure, praying for a
judgment and decree against the first defendant :-
(a) to direct the first defendant herein to sell the said Flat viz., Flat
No.3H in the third floor in the southwest side in the southwest
Block with a total built up area of 1610 sq.ft. in the residential
complex “Kgeyes Eternity” bearing Plot No.21, Parvathy Street,
Kalakshetra Colony, Besant Nagar, Chennai - 600 090 and execute
the sale deed for proportionate undivided share of land and
morefully described in the plaint schedule hereunder to the
plaintiff, in terms of the agreement of allotment dated 05.03.2009
after collecting the balance amount of Rs.1,28,06,970/- by
executing necessary documents in favour of the plaintiff;
(b) to direct the first defendant to deliver the constructed Flat No.3H in
the third floor in the southwest side in the southwest block with a
total build up area of 1610 sq.ft. in the residential complex
“Kgeyes Eternity” bearing Plot No.21, Parvathy Street,
Kalakshetra Colony, Besant Nagar, Chennai - 600 090;
(c) in the alternate to prayer in para (i) and para (ii) direct the first
defendant to pay damages of Rs.1,25,00,000/- (Rupees One Crore
and Twenty Five Lakhs only) to the plaintiff as damages towards
breach of contract committed first defendant as well as in the
capacity of power agent of 2nd defendant to 7th defendant;
(d) to award costs of the suit.
For Plaintiff : Mr.R.S.Kirubakaran
For Defendant Nos.1 & 3 to 7 : Mr.Rahul Balaji
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C.S.No.699 of 2011
JUDGMENT
This Civil Suit has been filed for specific performance along with
other reliefs and damages.
2. Heard the learned counsels for the plaintiff and defendants 1, 3
to 7 and perused the materials available on record.
3. The learned counsel for the plaintiff has filed a memo dated
20.06.2023 stating that the matter is settled out of Court and hence the
memo may be recorded and the suit may be dismissed as withdrawn by
refunding the full Court Fee. The said memo is recorded.
4. In view of the same, the suit in C.S.No.699 of 2011 is
dismissed as withdrawn as settled out of Court by refunding the full Court
Fee. No costs.
20.06.2023
Speaking order / Non Speaking Order
Index : Yes / No
Neutral Citation : Yes / No
sri
Witnesses examined on the side of plaintiff:-
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C.S.No.699 of 2011
P.W.1 Abbas S.Lehry
P.W.2 Yasmin Abbas
List of documents marked on the side of plaintiff:-
Ex.P1 Cheque dated 11.02.2009 issued by plaintiff to 1st defendant
for Rs.5,00,000/- towards advance
Ex.P2 Allotment letter dated 05.03.2009 issued by 1st defendant to
plaintiff for sale of the flat
Ex.P3 Receipt dated 14.05.2009 issued by 1st defendant for advance
payment received by 1st defendant
Ex.P4 Legal notice dated 31.03.2011 issued by plaintiff to 1st
defendant
Ex.P5 E-mail dated 04.05.2011 sent by 1st defendant to plaintiff
Ex.P6 E-mail dated 07.05.2011 sent by plaintiff to 1st defendant
Ex.P7 E-mail dated 07.05.2011 from 1st defendant to plaintiff
Ex.P8 E-mail dated 07.05.2011 from plaintiff to 1st defendant
Ex.P9 E-mail dated 09.05.2009 from 1st defendant to plaintiff
Ex.P10 Legal notice dated 16.05.2011 issued by plaintiff to 1st
defendant
Ex.P11 Postal Acknowledgment card dated 19.05.2011
Ex.P12 Reply dated 27.06.2011 sent by the first defendant
Ex.P13 Rejoinder notice dated 09.07.2011 issued by the plaintiff
Ex.P14 Encumbrance certificate dated 22.07.2011
Ex.P15 Income Tax Returns submitted to the Income Tax Department
for the year 2009-2010
Ex.P16 Income Tax Returns submitted to the Income Tax Department
for the year 2010-2011
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C.S.No.699 of 2011
Ex.P17 Income Tax Returns submitted to the Income Tax
Department for the year 2011-2012
Ex.P18 Income Tax Returns submitted to the Income Tax
Department for the year 2012-2013
Ex.P19 Auditor certificate as of 30.09.2015 possessing tangible
assets worth Rs.16,08,05,046/- as on 15.09.2015
Ex.P20 Certified copy of the sale deed dated 11.05.2009 and
registered as document No.488 of 2009
Ex.P21 Copy of the construction agreement dated 26.10.2009
entered into between the plaintiff and M/s.S.S.Constructions
Ex.P22 Certified copy of the sale deed dated 29.04.2011 and
registered as document No.606 of 2011
Ex.P23 Certified copy of the agreement of sale deed dated
05.04.2013 executed by M/s.Vindiya Homes Pvt. Ltd. in
favour of the plaintiff
Ex.P24 Certified copy of the sale deed dated 05.04.2013 executed by
M/s.Vindiya Homes Pvt. Ltd. in favour of Mr.Adnan A.Lehry
Ex.P25 Sale deed executed in favour of Mr.Sri Giriraju Ramachandra
and Mrs.Sri Giriraju Sasireka dated 29.11.2011
Witnesses examined on the side of Defendants:-
D.W. M.Krishnamurthy
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C.S.No.699 of 2011
List of documents marked on the side of Defendants:-
Ex.D1 Affidavit of plaintiff in A.No.3644 of 2017
Ex.D2 Original Resolution of the first defendant Company
Ex.D3 Photocopy of the planning permission issued by CMDA
Ex.D4 Photocopy of the building permission issued by Corporation
of Chennai dated 09.02.2011
20.06.2023
Copy to :
1.The Sub Assistant Registrar,
Original Side, High Court of Madras.
2.The Record Keeper,
Original Side Records Section,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
C.S.No.699 of 2011
R.N.MANJULA, J.
sri
C.S.No.699 of 2011
20.06.2023
https://www.mhc.tn.gov.in/judis
