Allowed

Mrs.Vishnu Priya Narasimhan v. Supreme Foundation

Madras HC10 Jan 2023A/97/2023

Case brief

AI extract

What is this about?

This interlocutory order issued an ad-interim injunction restraining respondents from dealing with property settled in favor of the second respondent. It directs keys of specific apartments to be handed over to the Registrar for safe custody pending the final disposal of the suit regarding succession rights under a Joint Development Agreement.

What did the court decide?

Ad-interim injunction restraining respondents from dealing with settled property; keys of four apartments directed to be handed to the Registrar.

Mrs.Vishnu Priya Narasimhan Vs Supreme Foundation — Partition | Madras HC (2023)

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A.No.97 of 2023

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A.No.97 of 2023

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in C.S.No.32 of 2023 and A.No.874 of 2023

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K.KUMARESH BABU, J.

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The suit has been initiated by the applicant/plaintiff claiming that the applicant/plaintiff, 1^st respondent/1^st defendant, 11^th respondent/11^th defendant, 12^th respondent/12^th defendant, 13^th respondent/13^th defendants and the mother of the 14^th to 16^th respondents/14^th to 16^th defendants are the brother and sisters being the children of late Narayana Aiyar Venkata Subramanian.

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The applicant/plaintiff contented that the first respondent/first defendant had entered into a Joint Development Agreement with the fourth respondent/fourth defendant by excluding the applicant/plaintiff and the 11^th to 16^th respondents/11^th to 16^th defendants. He has also executed a Settlement Deed in favour of his wife who is the second respondent/second defendant.

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The learned counsel for the applicant/plaintiff would submit that the first respondent/first defendant is only entitled to 1/6^th share of the suit schedule property. However, he by denying the rights of the other legal heirs has entered

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A.No.97 of 2023

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into the Joint Development Agreement with the fourth respondent/fourth defendant. Hence, the applicant/plaintiff has filed the suit and also the present Application for injunction.

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The learned senior counsel for the fourth respondent/fourth defendant would submit that the Joint Development Agreement had been entered into by the fourth respondent/fourth defendant based on the Legal Heir Certificate that had been produced by the first respondent/first defendant indicating that he is only the legal heir of the deceased Narayana Aiyar Venkata Subramanian who is the owner of the property.

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It is submitted that the first respondent/first defendant had individually

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entered into loan transactions with the certain Banks and therefore was convinced of the right of the first respondent/first defendant.

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After notice, these applications have been listed before this Court on 08.03.2023, 24.03.2023, 13.04.2023 & today and same has been adjourned at request of the respective counsels and also specifically at request of the learned counsel for the 1^st to 3^rd respondents /1^st to 3^rd defendants for filing counter

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A.No.97 of 2023

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affidavit. Even today, no counter has been filed by the 1^st to 3^rd respondents /1^st to 3^rd defendants.

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Considering the statement made by the learned senior counsel for the fourth respondent/fourth defendant that as per the Joint Development Agreement, the first respondent/first defendant is entitled to have four apartments bearing No. Flat 1A, Flat 1B, Flat 2C and Flat 4C measuring to an extent of 7,704 sq.ft. (5,155 sq.ft. in UDS), the fourth respondent/fourth defendant shall not handover the above apartments to the first respondent/first defendant, on completion of construction.

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Keys of the above apartments shall be handed over to the Registrar of this Court to be kept in safe custody to the account of the suit. There shall be an order of ad-interim injunction restraining the 1^st to 3^rd respondents/1^st to 3^rd defendants from dealing with the property which has been settled by the first respondent/first defendant in favour of the 2^nd respondent/2^nd defendant.

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https://www.mhc.tn.gov.in/judis ______________ Page No. 3 of 4_

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A.No.97 of 2023

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K.KUMARESH BABU, J.

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Jen

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Post this case on 07.06.2023.

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28.04.2023

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Jen

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A.No.97 of 2023 in C.S.No.32 of 2023 and A.No.874 of 2023

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https://www.mhc.tn.gov.in/judis ______________ Page No. 4 of 4_

Mrs.Vishnu Priya Narasimhan v. Supreme Foundation

Case brief

What is this about?

What did the court decide?

Mrs.Vishnu Priya Narasimhan v. Supreme Foundation

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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