Annamalai vs Vasanthi - 2025 Supreme(SC) 1869

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 1869

J. B. PARDIWALA, MANOJ MISRA
Annamalai – Appellant
Versus
Vasanthi – Respondent

Advocates appeared:
For the Petitioner(s): Mr. S. Parthasarathi, Adv. Mr. M.P. Parthiban, AOR
For the Respondent(s): Mr. Naveen Nagarjuna, Adv. Ms. Priya Aristotle, AOR Ms. B Lekshmi, Adv.

Table of Content
1. facts of the appeals and suits at issue. (Para 2 , 3 , 4)
2. trial and appellate court decisions. (Para 6 , 7 , 8)
3. arguments presented by both parties. (Para 10 , 11)
4. observations on facts and evidence. (Para 13 , 14 , 18)
5. discretionary relief of specific performance. (Para 30 , 34)
6. final ruling restoring the first appellate court's decision. (Para 36 , 40)
7. final orders and costs. (Para 41 , 42)

JUDGMENT :

MANOJ MISRA, J.

1. Leave granted.

2. These two appeal(s) arise from two suits, namely, O.S. No. 73 of 2010, which was instituted by the appellant (Annamalai) against Saraswathi (for short D-1), Dharmalingam (for short D-2) and Vasanthi (for short D-3), inter-alia, for specific performance of agreement for sale dated 08.01.2010, and O.S. No. 32 of 2011 (renumbered O.S. No. 60 of 2012), which was instituted by Vasanthi (first respondent) against the appellant (Annamalai) for declaration as well as injunction qua the property which was subject matter of the sale agreement. Trial court consolidated the two suits and decided them by a common judgment, whereby O.S. No. 73 of 2010 was dismissed and O.S. No. 60 of 2012 (old O.S. No. 32 of 2011) was decreed. Aggrie