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2011 Supreme(Mad) 3535

S.RAJESWARAN
Mirthubasini – Appellant
Versus
Easwaramurthy – Respondent


Advocates appeared:
For the Appellant:Mr. S.K. Sridharan, Advocate.
For the Respondents:R1, Mr. M.M. Sundresh, R2, Mr. K.B. Iqbal Ahamed, Advocates.

Judgment :-

This appeal has been filed against the judgment and decree of C.M.A.No.1 of 2007 dated 11.07.2007 on the file of the Court of the Additional District Sessions Judge, Fast Track Court-III, Dharapuram, Erode District reversing the judgment and decree of E.A.No.114 of 2005 in E.P.No.29 of 2005 in O.S.No.3 of 1997 dated 04.08.2006, on the court of the Subordinate Judge at Dharapuram.

2. The claimant in E.A.No.114 of 2005, in E.P.No.29 of 2005, in O.S.No.3 of 1997 is the Appellant before this Court. She is aggrieved by the order passed by the Lower

Appellate Court in C.M.A.No.1 of 2007 dated 11.07.2007 reversing the judgment passed by the Execution Court in E.A.No.114 of 2005 in E.P.No.29 of 2005.

3. The facts which are necessary for the purpose of disposing of the Appeal are as follows:

For the purpose of convenience, the parties are referred to as per their rankings in the suit i.e., O.S.No.3 of 1997.

O.S.No.3 of 1997 was filed by the plaintiff for specific performance and a decree was passed in his favour on 20.12.1999. After passing off the decree, the plaintiff filed an Execution Petition and got the Sale Deed executed with the help of the Execution Court. Thereafter, he f














































































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