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1997 Supreme(Mad) 1029

SHIVARAJ PATIL, N.ARUMUGHAM
N. Dhanalakshmi and Others – Appellant
Versus
S. Ekanathan, Proprietor, Eknath Real Estates – Respondent


Advocates:
Mr. T. Viswanatha Rao, Advocate for Appellants. Mr. R.
Krishnaswami, Advocate for Respondent.

Judgment :-

Shivaraj Patil, J.

.1. The defendants in C.S.No.94 of 1994 have filed these two appeals aggrieved by the common order dated 22. 1997 made by the learned single Judge in Application Nos.520 and 522 of 1997.

2. Application No.520 of 1997 was filed by the defendants to revoke the leave already granted on 10. 1993 in Application No.5529 of 1993 to the plaintiff to institute the suit. Application No.522 of 1997 was filed by the defendants for deciding issue No.l relating to the jurisdiction as a preliminary issue before taking up the trial of other issues. The learned single judge by the common order dated 22. 1997 dismissed both the applications.

3. The parties in these appeals, during the course of the judgment, shall be referred to as they are described in the plaint. Facts which are considered necessary and relevant for disposal of these appeals, briefly stated, are as follows: The plaintiff filed the suit C.S.No.94 of 1994 on 10. 1993 praying for a decree, directing the defendants to perform the agreement dated 10. 1990, to execute and register sale deed in favour of the plaintiff in respect of the suit property. Alternatively the plaintiff prayed for a decree agains




























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