Madras High Court
Premalatha Mohanraj vs M/S.Green Peace Constructions Private ... on 27 July, 2022
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
C.S.No.213 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
C.S.No.213 of 2021
Premalatha Mohanraj ... Plaintiff
Vs.
1. M/s.Green Peace Constructions Private Limited,
presently having its registered office at,
“Grand Citadel” at No.10, Natesan Salai,
Ashok Nagar,
Chennai 600 083.
Rep. By its Managing Director
Mr.P.R.K.Earnarst
2. M/s.Ajanta Flat Owners Association (Regd.No.321/90)
292, (old No.135) Ground Floor, “Ajanta Flats”,
7th Avenue, Jawarharlal Nehru Salai,
Anna Nagar (West),
Chennai 600 040.
3. Mr.K.Venkatachalam ... Defendants
1/6
https://www.mhc.tn.gov.in/judis
C.S.No.213 of 2021
Prayer: This Civil Suit is filed under Order VII Rule 1 C.P.C, read with
Order IV Rule 1 of High Court Original Side Rules, to pass a judgment and
decree against the defendants:
(a) Declaring that the plaintiff is the absolute owner of the Residential
Flat bearing Flat No.15, in Block No.134, 4th Floor (North East Side) of
“Ajanta Flats”, together with two Car Parking Slots, situated at New Door
No.290 (Old No.134/15), 7th Avenue, Jawaharlal Nehru Salai, Anna Nagar
West, Chennai 600 040, having a built-up area of 1550 sq.ft with two Car
Park Slots, together with 904.92 sq.ft undivided share of land out of total
land area of 72394 sq.ft comprised in Survey Nos.185 part; 187 part; 203
part (in T.S.No.21) Block No.48, of Padi Village and Survey No.222/1 part,
T.S.No.23/2, Block No.4 of Koyambedu Village, comes under
Thirumangalam Village, Egmore-Nungambakkam Taluk, Chennai.
(b) Directing the 1st defendant to refund a sum of Rs.11,45,000/-
( Rupees Eleven Lakhs Forty Five Thousand only) to the plaintiff, which
was paid by the plaintiff to the 1st defendant, being the cost of registration of
Sale Deed, in respect of 904.92 sq.ft undivided share of land.
2/6
https://www.mhc.tn.gov.in/judis
C.S.No.213 of 2021
(c) Granting mandatory injunction directing the 2nd defendant to admit
the plaintiff as a Member of the 2nd Defendant-Association.
(d) Directing the 3rd defendant, to pay a sum of Rs.20,00,000/-
(Rupees Twenty Lakhs only) as damages to the plaintiff, for the mental
agony and stress caused to the plaintiff, due to his unilateral cancellation of
Deed of Power of Attorney dated 28.08.2010 ( Document No.963 of 2010,
Sub-Registrar Office, Anna Nagar ) by executing a Deed of Cancellation of
Power of Attorney dated 13.05.2015 ( registered as Document No.2021 of
2015, SRO Anna Nagar) with malicious intention, for his personal benefits.
(e) Directing the 1st and 3rd defendant, jointly severally to pay the costs
of the suit and
(d) any other relief or reliefs.
For Plaintiff : Mr.Rathina Asohan
For D1 : Mr.M.Vimal Bobby Crimson
For D2 : Set exparte
For D3 : Mr.Christopher Vijayachandran
*****
3/6
https://www.mhc.tn.gov.in/judis
C.S.No.213 of 2021
JUDGEMENT
This matter was referred to Mediation and the matter has been settled between the parties before the Mediator and in this regard, Mediation Report dated 15.07.2022 has also been filed along with Memo of Compromise filed by the plaintiff and the defendants 1 and 3.
2. Today when the matter is taken up for hearing, both the plaintiff and the defendants 1 and 3 as well as their counsel are present.
3. This Court vide order dated 13.04.2022, since the second defendant has not entered appearance, directed the Registry to print the name of the second defendant in the cause list. Today, when the matter is taken up for hearing, though the name of the second defendant is being printed in the cause list, none appeared on behalf of the second defendant. Second defendant called, absent. Hence, the second defendant is hereby set exparte.
4. In the light of the abovesaid fact, the memo of compromise filed by the plaintiff and the defendants 1 and 3 is recorded.
5. In view of the above position, the Suit is decreed in terms of the 4/6 https://www.mhc.tn.gov.in/judis C.S.No.213 of 2021 compromise memo filed by the parties. Since the second defendant is not appeared and the suit is decree in terms of settlement arrived at between the plaintiff and the defendants 1 and 3, it will bind the second defendant also.
Memo of compromise shall form part of the decree of the Suit. No costs.
Consequently, connected miscellaneous petition if any, is closed. Plaintiff is entitled to refund of the Court fee as per rules.
27.07.2022 mfa Index:yes/No Internet:yes/No KRISHNAN RAMASAMY ,J.
5/6https://www.mhc.tn.gov.in/judis C.S.No.213 of 2021 mfa C.S.No.213 of 2021 27.07.2022 6/6 https://www.mhc.tn.gov.in/judis