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2009 Supreme(Mad) 5058

S.PALANIVELU
B. V. Gururaj & Others – Appellant
Versus
M. R. Rathindran & Others – Respondent


Advocates Appeared:
For the Appearing Parties:T.M. Hariharan, Advocate, Yashod Varadhan, Senior Counsel for V. Ramesh, T.M. Hariharan, Advocate, Yashod Varadhan, Senior Counsel for V. Ramesh, Advocate.

Judgment :-

In view of the interconnectivity of the issue involved in these cases, by consent of both parties, a common order is bing passed.

Backdrop

2. For the sake of convenience, the parties are referred to in this judgment as per their litigative status in the original suit.

3. The plaintiffs filed O.S.No.792 of 2004, on the file of the Sub Court, Coimbatore, for specific performance of contract against the defendants on the strength of an agreement for sale executed by the defendants on 210. 1994. The suit was decreed as prayed for on 112. 2004 after contest, directing the defendants to execute the sale deed as per the sale agreement, after receiving sale consideration of Rs.24,22,000/-within one month from the date of decree and the defendants 1 to 4 to execute the sale deed pertaining to their undivided 7/8th share in the plaint schedule property in favour of the plaintiffs within one month from the date of decree. There was no appeal from the said decree.

4. The plaintiffs filed a petition in I.A.No.137 of 2005 under Section 151 CPC seeking two months time and on that petition, the Court extended the time till 16.03.2005. It is alleged by the plaintiffs that since the defen




































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