Madras High Court
OSA/179/2026 of B.Sathyanarayana Vs VGN Properties Developers PVt.Ltd on 16 October 2026
B IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-10-2026
CORAM
THE HON'BLE MR JUSTICE N. SATHISH KUMAR
AND
THE HON'BLE MR.JUSTICE D.LINGESWARAN
OSA No. 179 of 2026 and CMP.Nos.27771 & 27777 of 2026
CNR: {HCMA012256442026}
1. B.Sathyanarayana
2. B.Kumarvel Pandian
..Appellant(s)
Vs
1. VGN Properties Developers PVt.Ltd
(Formerly VGN Developers Pvt. Ltd., )
Rep.by its authorized Signatory, Mr. peter, Legal Manager, No.15, Wallace Garden, 2nd Street, Nungambakkam, Chennai-600 006
2. Vanjaulavalli
S.Narsimhan(Deceased)
3. S Rajkumar
4. Royaale Chennai Realtors
LVR Centre,
New No.7, Old No.4
Seshadri Road,
Alwarpet,
Chennai-600 018
..Respondent(s)
Original Side Appeal filed under Order XXXVI Rule 11 of OS Rules read with Clause 15 of Letters Patent to set aside the order dated 01-09-2026 made in Application No.3805/2026 against Proclamation NO.7/2022 in EP.No.149/2017.
For Appellant(s):
Mr.R.Parthasarathy, Senior Counsel
for Mr.Dhruv A Thaker
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JUDGMENT
(Judgment of the Court was delivered by N.Sathish Kumar J.) Challenging the order of the learned Single Judge dismissing the application in Application No.3805/2026 against Proclamation No.7/2022 in EP.No.149/2017, the present appeal has been filed.
2. The above application has been filed against the proclamation issued by the learned Master in bringing the properties for sale. The main ground urged before the learned Master is that opportunity was not given before the settlement of proclamation. Such contention has been negatived by the learned Master which was challenged before the learned Single Judge and the learned Single Judge vide impugned order dismissed the application. Challenging the said order, the present appeal has been filed.
3. Heard the learned Senior Counsel for the appellant and perused the materials placed on record.
4. On perusal of the entire order, we find that, in fact, opportunity has been given to the appellant and the appellant has also filed counter in the execution proceedings. Now pursuant to the proclamation, sale is already held, therefore, nothing survives for adjudication in this appeal. As the sale is already challenged by way of separate appeal, we are of the view that appellants may canvass their grievance in the pending appeal which has been filed challenging the sale already held in the execution proceedings.
5. Accordingly, we do not find any merits in this appeal and this appeal stands dismissed. No costs. Consequently, connected miscellaneous petitions stand closed. (N.S.K.,J.) (D.L.,J.) 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dhk
N.SATHISH KUMAR, J. AND D.LINGESWARAN, J. dhk OSA No. 179 of 2026 16-10-2026