The court disposed of a civil suit for permanent injunction concerning property possession. Considering statements of counsel and a registered sale deed proving settlement, the original applications were closed without costs. No adjudication on merits was made.
The original applications were closed and disposed of. No costs awarded.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.12.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ
C.S. No.326 of 2012
and
O.A. Nos.413 AND 414 of 2012
Buhari Sons Private Limited,
Rep.by its Director, Mrs.Subaida Hamid,
having registered office at
No.6, Gandhi Irwin Road,
Egmore,
Chennai – 600008. ... Plaintiff
Vs.
1.Hyirunnisa
2.Rafiq
3.Abitha Parveen
4.Rumaisiya
5.Parveen
6.Hussian Ali
7.S.Velasree
Prayer: Civil Suit filed under order VII Rule I of C.P.C read with order IV Rule 1 of OS Rules praying to grant permanent injunction restraining the defendants, their men, agents or servants from in any manner interfering with the plaintiff's peaceful possession and enjoyment of the property and in any manner dealing with or encumbering the property being the flat bearing no.1 in the Ground floor of the building in Block No. L-16, 27th Cross Street, Elliots Beach, Besant Nagar, Chennai-600090, measuring 565 square feet, http://www.judis.nic.in together with the proportionate undivided share in the lands comprised in T.S.No.1 Part, Block No.41, Urur Village, morefully described in the schedule of the plaint.
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For Plaintiff: Mr.M.Abdul Nazeer
JUDGMENT
This Civil Suit is filed to grant permanent injunction restraining the defendants, their men, agents or servants from in any manner interfering with the plaintiff's peaceful possession and enjoyment of the property and in any manner dealing with or encumbering the property being the flat bearing no.1 in the Ground floor of the building in Block No. L-16, 27th Cross Street, Elliots Beach, Besant Nagar, Chennai-600090, measuring 565 square feet, together with the proportionate undivided share in the lands comprised in T.S.No.1 Part, Block No.41, Urur Village, morefully described in the schedule of the plaint.
this Court stating that under an agreement of sale deed dated 30.05.1979, Mr.Thajudeen was agreed to sell the suit property bearing No.6, Block No.L-16, 27th Cross Street, Elliots Beach, Besant Nagar, Chennai – 600090, to the plaintiff and the plaintiff had put in possession of the suit property in furtherance to the agreement of sale. After the death of Mr.Thajudeen in 1997, the defendants 1 to 6 had not completed the sale transaction and
further attempts to sell the suit property to the 7th defendant. After negotiations and compromise, defendants 1 to 6 executed a deed on Power of Attorney on 02.08.2012 appointing one Mr.H.Shah Nawas as an Agent to deal with the property and the same was
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registered as Document No.571 of 2012 in the office of the Subregistrar, Adyar. In accordance to the sale deed dated 20.08.2015, defendants 1 to 6 sold the suit property to S.H.Mehrunnisa / plaintiff daughter as Document No.23090of 2015 in the office of the Sub-Registrar, Adyar.
plaintiff and considering the General Power of Attorney of sale deed mentioned above, this suit is disposed of. Accordingly the original applications are closed. No costs.
10.12.2018
bkn/msr
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M. GOVINDARAJ, J.
bkn/msr
C.S.No.326 of 2012
and
O.A.Nos.413 AND 414 of 2012
10.12.2018
1 issue framed by the court
Whether a suit for permanent injunction should be disposed of given the settlement between parties evidenced by a sale deed.
Buhari Sons Private Limited
Hyirunnisa
Rafiq
Abitha Parveen
Rumaisiya
Parveen
M. Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
