S. RAJESH KUMAR Vs. C. BAKTHAVATCHALAM AND OTHERS

JUDGEMENT

(1.) This application has been taken out by the plaintiff in the suit seeking to strike out the defence of the defendants 1 and 2 and decree the suit as prayed for or in the alternative to direct the defendants 1 and 2 to furnish Bank guarantee or other immovable property as collateral security for due compliance of the order passed in O.A.No.6587 of 2010 in C.S.No.829 of 2010.

(2.) The suit in C.S.No.829 of 2010 has been filed by the applicant herein seeking a declaration that he is the absolute owner of the property having purchased the same in the auction sale conducted by the 3rd defendant under a registered sale deed dated 20.07.2009 bearing document No.2613 of 2009, for recovery of possession and to direct the defendants to pay a sum of Rs.25,000/- per month as damages for use and occupation from 20.07.2009 viz., the date of purchase till dated of handing over vacant possession.

(3.) Pending the suit an application in A.No.6587 of 2010 was filed by the plaintiff to direct the defendants to pay a sum of Rs.25,000/- per month as damages for use and occupation of the suit premises.