✦ High Court of India · 16 Apr 2025

High Court · 2025

Case Details High Court of India · 16 Apr 2025
Court
High Court of India
Decided
16 Apr 2025
Bench
Not available
Length
1,032 words

A NO. 1528 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-04-2025CORAMTHE HONOURABLE MR JUSTICE K.KUMARESH BABUA Nos. 1528, 1530, 1532 & 1534 of 2025in CS NO. 42 of 2024 K.T.J.PrakashS/o Late K.T.Janakiran, No.Aj-134, (plot No. 3293) 9th Main Road, 1st Street, Shanthi Colony, Anna Nagar, Chennai 600 040. Also At Mp/10-a/23, Lakshmi Street, New Avadi Road, Kilpauk, Chennai 600 010. Applicant(s) VsM/s. The Purasawakkam Permanent Fund Nidhi LtdRep by ts Whole Time Director, No. 174 and 177, Vellala Street, Purasawalkam, Chennai - 600 084. and 2 Others Respondent(s) A NO. 1530 of 2025K.T.J.PrakashRep.By Its Managing Director,M.SasikumarS/o S.Masilamani,Having Office AtNo.85, Perambur High Road,Peramubut,Chennai 600 011. Plaintiff(s) VsM/s. The Purasawakkam Permanent Fund Nidhi LtdRep by ts Whole Time Director, No. 174 and 177, Vellala Street, Purasawalkam, Chennai - 600 084. https://www.mhc.tn.gov.in/judis and 2 Others Defendant(s) A NO. 1534 of 2025K.T.J.PrakashS/o Late K.T.Janakiran, No.Aj-134, (plot No. 3293) 9th Main Road, 1st Street, Shanthi Colony, Anna Nagar, Chennai 600 040. Also At Mp/10-a/23, Lakshmi Street, New Avadi Road, Kilpauk, Chennai 600 010. Plaintiff(s) VsM/s. The Purasawakkam Permanent Fund Nidhi LtdRep by ts Whole Time Director, No. 174 and 177, Vellala Street, Purasawalkam, Chennai - 600 084. and 2 Others Defendant(s) A NO. 1532 of 2025K.T.J.PrakashS/o Late K.T.Janakiran, No.Aj-134, (plot No. 3293) 9th Main Road, 1st Street, Shanthi Colony, Anna Nagar, Chennai 600 040. Also At Mp/10-a/23, Lakshmi Street, New Avadi Road, Kilpauk, Chennai 600 010. Plaintiff(s) VsM/s. The Purasawakkam Permanent Fund Nidhi LtdRep by ts Whole Time Director, No. 174 and 177, Vellala Street, Purasawalkam, Chennai - 600 084. and 2 Others Defendant(s) CS NO. 42 of 2024M/s A And A International Trading Private Ltd.,Rep.By Its Managing Director, https://www.mhc.tn.gov.in/judis M.SasikumarS/o S.Masilamani,Having Office AtNo.85, Perambur High Road,Peramubut,Chennai 600 011. Plaintiff(s) VsK.T.J.PrakashS/o Late K.T.Janakiran, No.Aj-134, (plot No. 3293)9th Main Road, 1st Street, Shanthi Colony, Anna Nagar, Chennai 600 040.Also At Mp/10-a/23, Lakshmi Street, New Avadi Road, Kilpauk, Chennai 600 010 and another Defendant(s) For Applicant(s): M/s.B. Nedunzhelian(in all applications)For Respondent(s): Mr.Ralph V.Manohar (For R3)(in all applications)COMMON ORDERThe first defendant in the suit had taken out the present applications to withdraw and transfer the following suits to be tried along with C.S.No.42 of 2024:a) The suit in O.S.No.5330 of 2023 pending on the file of V Assistant City Civil Court, Chennai;b) The suit in O.S.No.3759 of 2023 pending on the file of V Assistant https://www.mhc.tn.gov.in/judis City Civil Court, Chennai;c) The suit in O.S.No.4847 of 2023 pending on the file of IV Additional City Civil Court, Chennai;d) The suit in O.S.No.157 of 2024 pending on the file of V Assistant City Civil Court, Chennai.2. It is the case of the applicant herein that the said suits in O.S.No.5330 of 2023, O.S.No.3759 of 2023 and O.S.No.4847 of 2023 were initiated by him as against the second defendant herein and the Auctioner, who was appointed to auction the property. The suit in O.S.No.157 of 2024 was also initiated by him as against the second defendant, Auctioner and the plaintiff herein to sell the property. Therefore, since the 3rd respondent/plaintiff was a successful purchaser of the property, who had instituted a suit for recovery of possession, in which, he had also been made as a party, it would be appropriate that the said suits ought to have been tried along with the instant suit, which can give a quietus. 3. The learned counsel appearing for the 3rd respondent/plaintiff would submit that he has no objection in allowing the present applications. https://www.mhc.tn.gov.in/judis

4. In view of the same, the applications in A.Nos.1528, 1530, 1532 and 1534 of 2025 in C.S.No.42 of 2024 are ordered as prayed for. However, there shall be no order as to costs.5. Registry is directed to withdraw the following suitsa) The suit in O.S.No.5330 of 2023 pending on the file of V Assistant City Civil Court, Chennai;b) The suit in O.S.No.3759 of 2023 pending on the file of V Assistant City Civil Court, Chennai;c) The suit in O.S.No.4847 of 2023 pending on the file of IV Additional City Civil Court, Chennai;d) The suit in O.S.No.157 of 2024 pending on the file of V Assistant City Civil Court, Chennai.and transfer the above suits to the file of this Court and re-number the same and list along with the instant suit.16-04-2025(1/2)kakA NO. 1528 of 2025 https://www.mhc.tn.gov.in/judis To1. M/s. The Purasawakkam Permanent Fund Nidhi LtdRep by ts Whole Time Director, No. 174 and 177, Vellala Street, Purasawalkam, Chennai - 600 084.2. M/s.Balaji and Co AuctionersNo.160, Thambu Chetty Street, 2nd Floor, Chennai 600 001.3. M/s A And A International Trading Private Ltd.Rep.By Its Managing Director, M.Sasikumar S/o S.Masilamani, Having Office At No.85, Perambur High Road, Peramubut, Chennai 600 011.A NO. 1530 of 20251. M/s. The Purasawakkam Permanent Fund Nidhi LtdRep by ts Whole Time Director, No. 174 and 177, Vellala Street, Purasawalkam, Chennai - 600 084.2. M/s.Balaji and Co AuctionersNo.160, Thambu Chetty Street, 2nd Floor, Chennai 600 001.3. M/s A And A International Trading Private Ltd.Rep.By Its Managing Director, M.Sasikumar S/o S.Masilamani, Having Office At No.85, Perambur High Road, Peramubut, Chennai 600 011.A NO. 1534 of 20251. M/s. The Purasawakkam Permanent Fund Nidhi LtdRep by ts Whole Time Director, No. 174 and 177, Vellala Street, Purasawalkam, Chennai - 600 084.2. M/s.Balaji and Co AuctionersNo.160, Thambu Chetty Street, 2nd Floor, Chennai 600 001.3. M/s A And A International Trading Private Ltd.Rep.By Its Managing Director, M.Sasikumar S/o S.Masilamani, Having Office At No.85, Perambur High Road, Peramubut, Chennai 600 011.A NO. 1532 of 20251. M/s. The Purasawakkam Permanent Fund Nidhi Ltd https://www.mhc.tn.gov.in/judis Rep by ts Whole Time Director, No. 174 and 177, Vellala Street, Purasawalkam, Chennai - 600 084.2. M/s.Balaji and Co AuctionersNo.160, Thambu Chetty Street, 2nd Floor, Chennai 600 001.3. M/s A And A International Trading Private Ltd.Rep.By Its Managing Director, M.Sasikumar S/o S.Masilamani, Having Office At No.85, Perambur High Road, Peramubut, Chennai 600 011.CS NO. 42 of 20241. K.T.J.PrakashS/o Late K.T.Janakiran, No.Aj-134, (plot No. 3293)9th Main Road, 1st Street, Shanthi Colony, Anna Nagar,Chennai 600 040.Also At Mp/10-a/23, Lakshmi Street, New Avadi Road, Kilpauk, Chennai 600 010.2. M/s. The Purasawakkam Permanent Fund Nidhi LtdRep by ts Whole Time Director, No. 174 and 177, Vellala Street, Purasawalkam, Chennai - 600 084. (2ND DEFENDANT IMPLEADED AS PER ORDER DATED 23.08.2024 IN A.NO. 4224/2024)

A NO. 1528 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-04-2025CORAMTHE HONOURABLE MR JUSTICE K.KUMARESH BABUA Nos. 1528, 1530, 1532 & 1534 of 2025in CS NO. 42 of 2024 K.T.J.PrakashS/o Late K.T.Janakiran, No.Aj-134, (plot No. 3293) 9th Main Road, 1st Street, Shanthi Colony, Anna Nagar, Chennai 600 040. Also At Mp/10-a/23, Lakshmi Street, New Avadi Road, Kilpauk, Chennai 600 010. Applicant(s) VsM/s. The Purasawakkam Permanent Fund Nidhi LtdRep by ts Whole Time Director, No. 174 and 177, Vellala Street, Purasawalkam, Chennai - 600 084. and 2 Others Respondent(s) A NO. 1530 of 2025K.T.J.PrakashRep.By Its Managing Director,M.SasikumarS/o S.Masilamani,Having Office AtNo.85, Perambur High Road,Peramubut,Chennai 600 011. Plaintiff(s) VsM/s. The Purasawakkam Permanent Fund Nidhi LtdRep by ts Whole Time Director, No. 174 and 177, Vellala Street, Purasawalkam, Chennai - 600 084. https://www.mhc.tn.gov.in/judis and 2 Others Defendant(s) A NO. 1534 of 2025K.T.J.PrakashS/o Late K.T.Janakiran, No.Aj-134, (plot No. 3293) 9th Main Road, 1st Street, Shanthi Colony, Anna Nagar, Chennai 600 040. Also At Mp/10-a/23, Lakshmi Street, New Avadi Road, Kilpauk, Chennai 600 010. Plaintiff(s) VsM/s. The Purasawakkam Permanent Fund Nidhi LtdRep by ts Whole Time Director, No. 174 and 177, Vellala Street, Purasawalkam, Chennai - 600 084. and 2 Others Defendant(s) A NO. 1532 of 2025K.T.J.PrakashS/o Late K.T.Janakiran, No.Aj-134, (plot No. 3293) 9th Main Road, 1st Street, Shanthi Colony, Anna Nagar, Chennai 600 040. Also At Mp/10-a/23, Lakshmi Street, New Avadi Road, Kilpauk, Chennai 600 010. Plaintiff(s) VsM/s. The Purasawakkam Permanent Fund Nidhi LtdRep by ts Whole Time Director, No. 174 and 177, Vellala Street, Purasawalkam, Chennai - 600 084. and 2 Others Defendant(s) CS NO. 42 of 2024M/s A And A International Trading Private Ltd.,Rep.By Its Managing Director, https://www.mhc.tn.gov.in/judis M.SasikumarS/o S.Masilamani,Having Office AtNo.85, Perambur High Road,Peramubut,Chennai 600 011. Plaintiff(s) VsK.T.J.PrakashS/o Late K.T.Janakiran, No.Aj-134, (plot No. 3293)9th Main Road, 1st Street, Shanthi Colony, Anna Nagar, Chennai 600 040.Also At Mp/10-a/23, Lakshmi Street, New Avadi Road, Kilpauk, Chennai 600 010 and another Defendant(s) For Applicant(s): M/s.B. Nedunzhelian(in all applications)For Respondent(s): Mr.Ralph V.Manohar (For R3)(in all applications)COMMON ORDERThe first defendant in the suit had taken out the present applications to withdraw and transfer the following suits to be tried along with C.S.No.42 of 2024:a) The suit in O.S.No.5330 of 2023 pending on the file of V Assistant City Civil Court, Chennai;b) The suit in O.S.No.3759 of 2023 pending on the file of V Assistant https://www.mhc.tn.gov.in/judis City Civil Court, Chennai;c) The suit in O.S.No.4847 of 2023 pending on the file of IV Additional City Civil Court, Chennai;d) The suit in O.S.No.157 of 2024 pending on the file of V Assistant City Civil Court, Chennai.2. It is the case of the applicant herein that the said suits in O.S.No.5330 of 2023, O.S.No.3759 of 2023 and O.S.No.4847 of 2023 were initiated by him as against the second defendant herein and the Auctioner, who was appointed to auction the property. The suit in O.S.No.157 of 2024 was also initiated by him as against the second defendant, Auctioner and the plaintiff herein to sell the property. Therefore, since the 3rd respondent/plaintiff was a successful purchaser of the property, who had instituted a suit for recovery of possession, in which, he had also been made as a party, it would be appropriate that the said suits ought to have been tried along with the instant suit, which can give a quietus. 3. The learned counsel appearing for the 3rd respondent/plaintiff would submit that he has no objection in allowing the present applications. https://www.mhc.tn.gov.in/judis

4. In view of the same, the applications in A.Nos.1528, 1530, 1532 and 1534 of 2025 in C.S.No.42 of 2024 are ordered as prayed for. However, there shall be no order as to costs.5. Registry is directed to withdraw the following suitsa) The suit in O.S.No.5330 of 2023 pending on the file of V Assistant City Civil Court, Chennai;b) The suit in O.S.No.3759 of 2023 pending on the file of V Assistant City Civil Court, Chennai;c) The suit in O.S.No.4847 of 2023 pending on the file of IV Additional City Civil Court, Chennai;d) The suit in O.S.No.157 of 2024 pending on the file of V Assistant City Civil Court, Chennai.and transfer the above suits to the file of this Court and re-number the same and list along with the instant suit.16-04-2025(1/2)kakA NO. 1528 of 2025 https://www.mhc.tn.gov.in/judis To1. M/s. The Purasawakkam Permanent Fund Nidhi LtdRep by ts Whole Time Director, No. 174 and 177, Vellala Street, Purasawalkam, Chennai - 600 084.2. M/s.Balaji and Co AuctionersNo.160, Thambu Chetty Street, 2nd Floor, Chennai 600 001.3. M/s A And A International Trading Private Ltd.Rep.By Its Managing Director, M.Sasikumar S/o S.Masilamani, Having Office At No.85, Perambur High Road, Peramubut, Chennai 600 011.A NO. 1530 of 20251. M/s. The Purasawakkam Permanent Fund Nidhi LtdRep by ts Whole Time Director, No. 174 and 177, Vellala Street, Purasawalkam, Chennai - 600 084.2. M/s.Balaji and Co AuctionersNo.160, Thambu Chetty Street, 2nd Floor, Chennai 600 001.3. M/s A And A International Trading Private Ltd.Rep.By Its Managing Director, M.Sasikumar S/o S.Masilamani, Having Office At No.85, Perambur High Road, Peramubut, Chennai 600 011.A NO. 1534 of 20251. M/s. The Purasawakkam Permanent Fund Nidhi LtdRep by ts Whole Time Director, No. 174 and 177, Vellala Street, Purasawalkam, Chennai - 600 084.2. M/s.Balaji and Co AuctionersNo.160, Thambu Chetty Street, 2nd Floor, Chennai 600 001.3. M/s A And A International Trading Private Ltd.Rep.By Its Managing Director, M.Sasikumar S/o S.Masilamani, Having Office At No.85, Perambur High Road, Peramubut, Chennai 600 011.A NO. 1532 of 20251. M/s. The Purasawakkam Permanent Fund Nidhi Ltd https://www.mhc.tn.gov.in/judis Rep by ts Whole Time Director, No. 174 and 177, Vellala Street, Purasawalkam, Chennai - 600 084.2. M/s.Balaji and Co AuctionersNo.160, Thambu Chetty Street, 2nd Floor, Chennai 600 001.3. M/s A And A International Trading Private Ltd.Rep.By Its Managing Director, M.Sasikumar S/o S.Masilamani, Having Office At No.85, Perambur High Road, Peramubut, Chennai 600 011.CS NO. 42 of 20241. K.T.J.PrakashS/o Late K.T.Janakiran, No.Aj-134, (plot No. 3293)9th Main Road, 1st Street, Shanthi Colony, Anna Nagar,Chennai 600 040.Also At Mp/10-a/23, Lakshmi Street, New Avadi Road, Kilpauk, Chennai 600 010.2. M/s. The Purasawakkam Permanent Fund Nidhi LtdRep by ts Whole Time Director, No. 174 and 177, Vellala Street, Purasawalkam, Chennai - 600 084. (2ND DEFENDANT IMPLEADED AS PER ORDER DATED 23.08.2024 IN A.NO. 4224/2024)

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