Dismissed

Crescendo Flat Owners Associat v. M/S.Srishti Estates and Invest

Madras HC14 Sept 2018CS/20/1999

Case brief

AI extract

What is this about?

This revised judgment from the Madras High Court dismissed the suit filed on behalf of the Crescendo Flat Owners Association against multiple defendants. The court noted the total absence of the plaintiff and defendants. The suit was dismissed for non-prosecution without awarding costs.

What did the court decide?

suit dismissed for non-prosecution; no costs awarded.

Crescendo Flat Owners Associat Vs M/S.Srishti… — Civil Procedure and Limitation | Madras HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.09.2018 CORAM : THE HONOURABLE DR. JUSTICE ANITA SUMANTH

¶2

C.S. No.20 of 1999 Crescendo Flat Owners Association Rep by its Secretary Mr.Basheer. ...Plaintiff

¶3

Vs.

¶4

M/s.Srishti Estates and Investments Private Limited. 2. V. SP. Shakthivel Raja 3. S.Kavitha

¶5

Tamiraparani Investments Private Limited. 5. R.Hariharan 6. K.Balasubramanian

¶6

Chennai Metropolitan Development Authority.

¶7

Sub Registrar, Mylapore (Given up) ... Defendants

¶8

PRAYER:- Plaint filed under Order VII Rule 1 of Civil Procedure Code and under Order IV Rule 1 of the High Court Original Side Rules to pass a Judgment and decree against the defendants. a. 1,2,4,5 and 6 to deliver possession of the store room are of 700 Sq.f the 'B' Schedule mentioned property which is situated below the A1 flat, in the suit land bearing Door No.24, Sir, Desikachari Road, Mylapore, Chennai -4 to the plaintiffs.

¶9

b. Permanent Injunction restraining the defendants 1 to 6 from preventing the plaintiff from entering, using, possession occupying and enjoying their rights over the store room area of 700 sq.ft. The 'B' suit Schedule Mentioned property which is situated below the A1 flat in the suit land bearing Door No.24, Sir Deskachari Road, Mylapore, Chennai -4.

¶10

c. Permanent Injunction restraining the defendants 1 to 6 from preventing the plaintiffs from entering, using possessing and enjoying their rights over the common front set back area of sq.ft the 'C' suit schedule mentioned property which is situate between the compound and the superstructure of the flats in the suit land bearing Door No.24, Sir Deskachari Road, Mylapore, Chennai -4. d. Permanent Injunction restraining the defendants 1 to 6 from preventing the plaintiffs from entering, using possessing and enjoying their rights over the middle gate the 'D' suit schedule mentioned property which is situate between the eastern corner gate and western corner gate of the suit land bearing Door No.24, Sir Desikachari Road, Mylapore, Chennai -4.

¶11

e. Permanent Injunction restraining the defendants 1 to 6 from preventing the plaintiff association from entering, using, possessing and enjoying their rights over the open terrace lawn area measuring 1,120 sq.ft the 'E' suit Schedule mentioned property situated in the last 1st floor of the suit land bearing Door No.24, Sir Desikachari Road, Mylapore, Chennai -4.

¶12

f. Permanent Injunction restraining the defendants 1 to 6 from preventing the plaintiff association from entering, using, possessing and enjoying their rights over the common toilets the 'F' schedule mentioned property which is situated in the open terrace in the suit land bearing Door No.24, Sir Desikachari Road, Mylaopre, Chennai -4.

¶13

g. Permanent injunction restraining the defendants 1 to 6 from subjecting any flat owned by them for commercial activity or any other activity/purpose other than residential purpose in the 'A' suit schedule mentioned property the suit land bearing Door No.24, Sir Desikachari Road, Mylapore,

¶14

Chennai -4.

¶15

h. For permanent injunction restraining the defendant 1,2,4,5 and 6 from alienating or in any manner encumbering an alleged multi-level Office space, entrance in the ground floor, the 'D' schedule mentioned property, store room area/servants quarters, the 'B' suit schedule mentioned property, toilets in terrace 'F' suit schedule mentioned property and the alleged exclusive car parks in the suit land bearing Door No.24, Desikachari Road, Mylapore, Chennai -4.

¶16

i. Mandatory injunction directing the 7th defendant to demolish the unauthorised structures put up in the front set back area the 'C' suit schedule mentioned property as well as the unauthorised construction of the 'D' flat in the ground floor the 'G' suit schedule mentioned property constructed in violation the sanctioned plan of the 7th defendant vide permit No.B/16511/178/A/B/93 dated 18.05.1993 in the suit land bearing Door No.24, Sir Desikachari Road, Mylapore, Chennai -4. j. Mandatory injunction directing the 3rd defendant to remove the unauthorised passage the I suit schedule mentioned property from 'A2' flat in the 1st floor to the open terrace lawn area in the suit land bearing Door No.24, Sir Desikacahari Road, Mylapore, Chennai - 4.

¶17

k. Permanent injunction restraining the 8th defendant from registering any document executed by the defendants 1 to 6 pertaining to the common areas situate in Door No.24, Sir Desikachari Road, Mylapore, Chennai -4, such as an alleged multi level Office place, exclusive entrance in the ground floor, the 'D' suit schedule mentioned property office space of 700 sq.ft of basement space store/servants quarters 'B' suit schedule mentioned property exclusive servants toilet at terrace, 'F' suit schedule mentioned property and the alleged exclusive covered car park and semi - commercial car park.

¶18

l. For the cost of the suits.

¶19

For Plaintiff : No Appearance

¶20

For Defendants : No Appearance

¶21

JUDGMENT

¶22

The matter was listed for hearing on 03.09.2018, when the Registry was directed to delete the name of the counsel for the plaintiff and print the name of the plaintiff. Accordingly the name of the plaintiff has been printed today. However, there is no appearance for or on behalf of the

¶23

plaintiff when the matter is called. Defendants have been set exparte on 03.09.2018.

¶24

In the light of the aforesaid, the suit is dismissed for non- prosecution. No costs.

¶25

14.09.2018

¶26

rkp

¶27

Speaking order/Non speaking order

Index: Yes/No

Internet: Yes/No

DR.ANITA SUMANTH, J.

rkp

C.S. No.20 of 1999

14.09.2018

Crescendo Flat Owners Associat v. M/S.Srishti Estates and Invest

Case brief

What is this about?

What did the court decide?

Crescendo Flat Owners Associat v. M/S.Srishti Estates and Invest

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M.Velmurugan Vs K.Selvarani and 6 Others

Mrs.P.Chockammal @ P.Sokkamma Vs Mr.P.Chandrasekar

Basanthibai Vs Sureshkumar Sharma

suresh kumar sharma Vs basanthi bai

Suresh Bhaskaran Vs Mrs.Renuka Sushil and 2 Others

Mr. N.S. Balasubramani Vs M/s.Geruda Support Services