Madras High Court
N.Sankaranarayanan vs K.Muthusamy on 4 September, 2023
OSA.Nos.93 & 94 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.09.2023
CORAM
THE HONOURABLE Mr.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE Mrs.JUSTICE R.KALAIMATHI
Original Side Appeal Nos.93 & 94 of 2021
and CMP No.3863 of 2021
N.Sankaranarayanan
... Appellant in both OSAs
-Versus-
1. K.Muthusamy
2. M.Kanthimathi
3. Indian Oil Corporation Limited,
No.500, Mount Road,
Teynampet, Chennai-600 018.
... Respondents in OSA.No.93/2021
1. M/s.Aruna Theatres & Enterprises Pvt. Ltd.,
Represented by its Director S.Venkatachalam,
No.3, Ashok Pillar Road,
Ashok Nagar, Chennai-600 033.
2. K.Muthusamy
3. M.Kanthimathi
... Respondents in OSA.No.94/2021
PRAYER: Original Side Appeal filed under Order XXXVI Rule 1 of the
Original Side Rules read with Clause 15 of the Letters Patent Act, against the
common judgment and decreetal order dated 14.10.2020 in C.S.No.721 of
2010 & CS.No.570 of 2006.
1/5
https://www.mhc.tn.gov.in/judis
OSA.Nos.93 & 94 of 2021
For Appellant : Mr.S.Parthasarathy
Senior Counsel
for Mr.A.K.Raghavulu
For Respondents
in OSA.No.93/2021 : Mr.S.Mukunth
Senior counsel
for Mr.K.Venkata Subban for R1 & R2
For Respondents
in OSA.No.94/2021 : Mr.S.Mukunth
Senior counsel
for Mr.K.Venkata Subban for R2 & R3
*****
COMMON JUDGMENT
(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)
These two appeals arise out of the cross suits in C.S.No.570 of 2006
and C.S.No.721 of 2010. While C.S.No.570 of 2006 was for declaration that
the Sale deed dated 01.09.2003 executed by the Company viz., M/s.Aruna
Theaters & Enterprises Private Limited in favour of the defendants 2 & 3 in
the said suit viz., K.Muthuswamy and M.Kanthimathi (husband and wife) is
invalid, since it is sham and nominal and for a consequential injunction
restraining the defendants from interfering with the plaintiff's possession.
2/5
https://www.mhc.tn.gov.in/judis
OSA.Nos.93 & 94 of 2021
2. C.S.No.721 of 2010 was filed by the defendants 2 & 3 and
C.S.No.570 of 2006 for recovery of possession and damages against the
plaintiff in the said suit. The Hon'ble Single Judge, while decreeing the suit
in C.S.No.721 of 2010, had dismissed the suit in C.S.No.570 of 2006.
Hence, these appeals have been filed by the plaintiff in C.S.No.570 of 2006
and the first defendant in C.S.No.721 of 2010.
3. After some arguments, the parties were directed to explore the
possibility of a settlement. Accordingly, both the parties have filed
affidavits.
4. While the first plaintiff in C.S.No.721 of 2010 has filed an affidavit
stating that they would forego the decree for damages, the first defendant in
C.S.No.721 of 2010 has filed an affidavit undertaking to hand over vacant
possession of the property within a period of four months i.e., on or before
31.12.2023.
5. Both the affidavits are taken on record and the appeal in OSA.No.94
of 2021 will stand dismissed. The decree in C.S.No.721 of 2010 will stand
3/5
https://www.mhc.tn.gov.in/judis
OSA.Nos.93 & 94 of 2021
modified to the effect that the decree for damages is set aside and the decree
for possession is confirmed. Accordingly, OSA.No.93 of 2021 is partly
allowed. There shall be no order as to costs.
6. List the matter on 04.01.2024 under the caption “For Reporting
Compliance.”
(R.SUBRAMANIAN, J .) (R.KALAIMATHI, J.)
04.09.2023
kmi
Index : Yes/No
Internet : Yes /No
Neutral Citation : Yes/No
Speaking order/Non speaking order
To
The Section Officer,
Original Side,
High Court of Madras
4/5
https://www.mhc.tn.gov.in/judis
OSA.Nos.93 & 94 of 2021
R.SUBRAMANIAN, J.
and
R.KALAIMATHI, J.
kmi
Original Side Appeal Nos.93 & 94 of 2021
and CMP No.3863 of 2021
04.09.2023
https://www.mhc.tn.gov.in/judis
