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2011 Supreme(Mad) 4384

ELIPE DHARMA RAO, D.HARIPARANTHAMAN
T. A. Dakshayani – Appellant
Versus
P. Chengiah – Respondent


Advocates Appeared:
For the Appellants:T.R. Rajagopal, Senior Counsel for T.V. Krishnamachari, Advocate.
For the Respondents - R1 to R5 -A.R.L. Sundaresan, Senior Counsel for M/s. Rugan & Arya, Advocate.

Judgment :-

D.HARIPARANTHAMAN, J.

1. The appellant in O.S.A.Nos.22 to 24 of 2009 is a third party to the suit in C.S.No.1843 of 1994. The respondents 1 to 5 are the plaintiffs in C.S.No.1843 of 1994 and the sixth respondent is the defendant in the said suit.

2. The appellant in O.S.A.Nos.29 to 31 of 2009 is the defendant in C.S.No.1843 of 1994 and respondents 1 to 5 are the plaintiffs in the said suit.

3. The parties are referred to as per the cause title in O.S.A.Nos.22 to 24 of 2009.

4. The brief facts leading to the filing of these appeals are as follows:

(i) One Ms.Banupriya entered into an agreement of sale with the sixth respondent on 08.11.1990, with respect to some properties at T.Nagar, Chennai. Ms.Banupriya filed a suit in C.S.No.1142 of 1992 seeking specific performance of the sale agreement dated 08.11.1990 referred to above and the sixth respondent is the defendant therein. The parties to the suit compromised and a compromise decree was passed on 30.01.2003. As per the compromise decree, the sixth respondent, who is the defendant in C.S.No.1142 of 1992 has to execute a sale deed in respect of the suit property in favour of Ms.Banupriya or her nominee. Accordingly, t





























































































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