NAKODA FOUNDATION Vs. KAMALA MUTHIAH

JUDGEMENT

(1.) All these Original Side appeals are filed against the common order dated 18.12.2017 passed by the learned single Judge in O.A. No. 1187 of 2017 in O.A. No. 466 of 2015 in C.S. No. 353 of 2015.

(2.) The suit in C.S. No. 353 of 2015 was filed by Mrs. Kamala Muthiah against (i) Mrs. Arti Meenakshi @ Arti Meenakshi Muthiah (ii) Mr. Tarun Ghai and (iii) Ms. Nandini Valli praying to declare the Settlement Deeds dated 11.05.2012 executed by the plaintiff herself are null and void and for a consequential permanent injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the plaint schedule mentioned property or from in any manner alienating, encumbering or developing the said property. Thus, the suit was filed by the plaintiff against her two daughters, who are defendants 1 and 3 in the suit. The second defendant is the husband of the first defendant.

(3.) Pending suit, the plaintiff has filed O.A. No. 466, 467 and 468 of 2015 in C.S. No. 353 of 2015 for interim injunction. The prayer in O.A. No. 466 of 2015 is to grant an order of interim injunction restraining the respondents/defendants, their men, agents, servants or any other person or persons claiming through them from interfering with the applicant/plaintiff's peaceful possession and enjoyment of the "Bedford House' situated at Door No.9, Old No.5, Raja Annamalai Road, Purasawalkam, Chennai - 600 084, including ingress and egress to the property, morefully set out in the schedule item No.1 to 5 to the Judges summons. The Plaintiff has also filed Application No. 3024 of 2015 praying to appoint an advocate commissioner to inspect and note down the physical features of the entire property. Accordingly, as per the order passed by the learned single Judge, an Advocate Commissioner was appointed, who had also inspected the property and submitted his reports.