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2007 Supreme(Mad) 1381

S.NAGAMUTHU
Kalaiselvan – Appellant
Versus
Velusamy – Respondent


Advocates Appeared:
For the Petitioner:K. Govindarajan, Advocate.
For the Respondents:N.R. Prabhakar for T.M. Hariharan, Advocates.

Judgment :-

This Civil Revision Petition has been filed challenging the order dated 09.10.2006, made in I.A.No.279 of 2005, in A.S.No.72 of 2005, on the file of the learned District Judge, Karur.

2. Brief facts of the case are as follows:-

The petitioner herein has filed the suit in O.S.No.73 of 2003, on the file of the learned Subordinate Judge, Kulithalai, against the respondents herein for specific performance on the basis of an alleged written agreement dated 20.01.2003. The respondents herein have filed a detailed written statement, wherein they have denied the execution of the sale agreement and alleged that the said document has been fraudulently created by committing forgery. Ultimately, on completing the trial, the learned Subordinate Judge, decreed the suit by an order dated 30.09.2004 in favour of the plaintiff. Challenging the said decree, the first respondent herein has filed an appeal in A.S.No.72 of 2005, before the learned District Judge, Karur. During the pendency of the said appeal, the first respondent who is the first defendant in the said suit has filed I.A.No.279 of 2005, praying for an appointment of Advocate Commissioner to take Ex.A.1, original sale agreement
























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