MEMORAMDUM OF CIVIL MISCELLANEOUS PETITION

(Under Order II Rule 4(19) of A.S.Rules)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Appellate Side)

C.M.P.No. of 2023
in
Review. S.R.No. 95498 of 2023

HajaBakurudeen …Petitioner/Applicant

-VS-

Sirajudeen & another …Respondents/Respondents

VERIFIED PETITION TO CONDONE THE DELAY IN PAYMENT OF

DEFICIT COURT FEE

In the above matter, while calculating the Court Fees of the Review
Application interest from the date of petition. Due to oversights and error
regarding the date of petition and further period of interest to be added, the
Applicant have affixed stamps a sum of Rs. 430.00 instead of Rs.30/- and now
there is a deficit in payment of court fees to the extent of Rs. 430/- which was
neither willful nor wanton but occurred only due to the circumstances mentioned
above.

In these circumstances it is prayed that this Hon’ble Court may be pleased

to condone the delay of 89 days in payment of deficit court fee of Rs.430/-
and to pass such other or further orders and render justice.

The matter referred to above is true.

Dated at Chennai this the 11th day of October 2023

Counsel for Petitioner/Applicant

 IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Civil Appellate Side)

C.M.P.No. of 2021
in
S.A.S.R.No. of 2021

Haja Bakurudeen …Petitioner/ Appellant

-Vs-
Sirajudeen & another …Respondents/Respondents

VERIFIED PETITION UNDER OR.II RULE IV(16) OF A.S.RULES

The Petitioners/appellants herein preferred Second Appeal against the Judgment and Decree
of the Subordinate Judge’s Court at Nagapattinam, dated 20.09.2021 in A.S.No. 46 of 2014
CONFIRMING the Judgment and Decree of the District Munsif Court at Nagapattinam, dated
20.10.2014 in O.S.No. 232 of 2011. The Lower Appellate Court furnished only a certified copy of the
decree and Judgement of Courts below and the printed copies applied under C.A.No. of 2021 were
yet to be furnished. As the petitioners are seeking an urgent interim order, it is necessary to dispense
with printed copies of the Judgment of the Courts below in the above second appeal. The petitioners
undertake to produce the same immediately after furnishing the same from the Lower Appellate Court.

In these circumstances, it is prayed that this Hon'ble Court may be pleased to dispense with
the production of the printed copies of the Judgment and Decree of the Subordinate Judge’s Court at
Nagapattinam, dated 20.09.2021 in A.S.No. 46 of 2014 CONFIRMING the Judgment and Decree of the
District Munsif Court at Nagapattinam, dated 20.10.2014 in O.S.No. 232 of 2011 for the present and
thus render Justice.

Verified at Chennai on this the 6th day of December 2021

Counsel for Petitioner/Appellant

MEMORANDUM OF CAVEAT PETITION

(Under Sec.148-A and Order 52 of the Code of Civil Procedure)

 BEFORE THE CITY CIVIL COURT AT CHENNAI
(Civil Original Jurisdiction)

Caveat Petition No. of 2018

in

Expected O.S.No. of 2018

1. M/s.Keyaram Developers & Hotels Pvt.Ltd.,

New No.2, Old No.1, Harrington Road
Chennai – 600001

2. Ms.Indrani Karupaiah
Director
M/s.Keyaram Developers & Hotels Pvt.Ltd.,
Nos.119 & 120, Sterling Road
Nungambakkam
Chennai – 600034

3.Mr.Sandrasegaran Karupaiah
Director
M/s.Keyaram Developers & Hotels Pvt.Ltd.,
Nos.119 & 120, Sterling Road
Nungambakkam
Chennai – 600034

4.Mr.Padmanapan Karupaiah
Director
M/s.Keyaram Developers & Hotels Pvt.Ltd.,
Nos.119 & 120, Sterling Road
Nungambakkam
Chennai – 600034

5.Ms.Ramahamirtam Karupaiah,
Director
M/s.Keyaram Developers & Hotels Pvt.Ltd.,
Nos.119 & 120, Sterling Road
Nungambakkam
Chennai – 600034 ...Caveators/Expected Defendants

Vs

Mr.VISWANATHAN KARUPPIAH
Residing at No.7, Jalan Anggerik Oncidium
31/78C, Oncidium Heights
Kota Kemuning
40460 Shah Alam
Selangor
Malaysia ...Respondent/Expected Plaintiff
-2-

CAVEAT PETITION
The above-named Caveators state as follows:

The address for service of all notices and processes on the Caveator is
that of their Counsel M/s. P.VALLIAPPAN, N.LOGANATHAN Advocates,
at No.21,(Old No.13-A), Karpagambal Nagar, Mylapore, Chennai-600004.
Mobile No.9677076176

The address for service of all notices and processes on the respondents
are the same as stated above.

LET NOTHING BE DONE in the above matter without notice to the Caveators.

The Caveators above-named undertake to forthwith serve a copy of

notice of Caveat by registered post with acknowledgement due to the
Respondent/ Expected Plaintiff and file proof of such service.

Dated at Chennai this the 17th day of April 201

Counsel for Caveators Caveators

 BEFORE THE HON’BLE SMALL CAUSES COURT AT CHENNAI

EXECUTION PETITION NO. OF 2023

in

R. L. T. O.P. NO. 643 OF 2022

Mrs.Sivakami Sachitanandam
W/o. Sachithanandam
V-7, 11th Street
Anna Nagar
Chennai – 600040. …Decree
Holder/Petitioner

Vs

K.Thamaraiselvan
S/o. Late Kumarasamy
Old No. 75, New No. 7
Q-Block, 14th Street
Anna Nagar East
Chennai – 600040 …Judgment
Debtor/Respondent

I, Mrs.Sivakami Sachitanandam, the decree Holder hereby apply for

execution of the decree herein set forth.
1 Name of the case R. L.T.O.P. NO. 643 OF 2022

2 Name of the Petitioner Mrs.Sivakami Sachitanandam

W/o. Sachithanandam

V-7, 11th Street

Anna Nagar

Chennai – 600040.

3 Name of the Respondent K.Thamaraiselvan

S/o. Late Kumarasamy

 Old No. 75, New No. 7

Q-Block, 14th Street

Anna Nagar East

Chennai – 600040

4 Date of Decree 19th day of July, 2023

5 Whether any appeal preferred No appeal and No stay order

fromdecree pending

6 Payment or adjustment made if any ………

7 Whether the decree has been ………

transferred in favour of any person

or not

8 Previous application any with date No

and result

9 Amount with interest due upon the J.D./Respondent directed to

vacate and handover the vacant
decree or other relief granted possession of Schedule hereunder
thereby mentioned property within 2
together with particulars of any months from the date of order
cross

decree

10 Amount of costs if any awarded No

11 Against whom to be executed K.Thamaraiselvan

S/o. Late Kumarasamy

 Old No. 75, New No. 7

Q-Block, 14th Street

Anna Nagar East

Chennai – 600040

12 Mode by which the assistance of By issuing warrant for delivery of

the the possession directing the bailiff
to evict the respondent from
court required premises in their occupation
described in the Schedule given
herein below and put the
petitioner in possession thereof
under Order 21 Rule 22 of C P.C

SCHEDULE

S.No Description of Property Interest of the Encumbrances

Judgment
Debtor

1 The ground and premises bearing NO NO

Old No.75, New No.7, Q Block, 14th

Street, Anna Nagar East, Chennai
600040 measuring to an extent of
1350 sq.ft. totally measuring to an
extent of 2050 sq.ft.

Dated at Chennai on this the 11th day of September 2023

(Counsel for Petitioner) (Petitioner/Decree

Holder)

VERIFICATION

I, Mrs.Sivakami Sachitanandam, W/o. Sachithanandam aged 78 years, the

petitioner herein residing at V-7, 11th Street, Anna Nagar, Chennai – 600040. Do
hereby verify that the facts stated herein above are true to my personal
knowledge and I believe the same to be true on legal advice received and I
hereby declare that I have not suppressed any material facts.

Dated at Chennai on this the 11th day of September 2023

Petitioner