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2003 Supreme(Kar) 348

THANARAM BHATI – Appellant
Versus
D. ANNAMALAI CHETTIAR – Respondent


( 1 ) I A VI is filed for recalling of the order dated 27-6-2002 where under RFA 182/99 came to be disposed of by a considered judgement dismissing the appeal. The suit relates to relief for specific performance of the sale and delivery of suit schedule property. The appellant before this Court is the defendant in the suit. The plaintiffs suit for specific performance has been decreed as prayed for. The appeal filed by the defendant is dismissed by this Court. Now under I A 6, an application is filed for recall of the order passed in the judgment dated 27-6-2002 and permit the parties to report the compromise.

( 2 ) IN the application it is contended that the judgement in the appeal is passed without hearing the appellant. The said submission is incorrect Para-4 of the judgement in clear terms indicate that both the Counsel for the appellant and he respondent were heard. Therefore, the judgement is passed on merits.

( 3 ) AFTER disposal of the appeal, the Court has become functus officio. Therefore, entertaining an application to recall the order and to modify the decree in terms of compromise is an imper-missible procedure adopted. It is not uncommon to find that after final dispo






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