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2014 Supreme(Mad) 1454

P.R.SHIVAKUMAR
Thirugnanasambandam – Appellant
Versus
Sundaramurthy Chettiar – Respondent


Advocates Appeared:
For the Petitioner:N. Suresh, Advocate.
For the Respondents:R1, R. Gururaj, Advocate.

Judgment :

1. The second respondent Kaliaperumal filed a suit for specific performance in respect of the suit property based on an agreement for sale dated 19.09.1992 in O.S.No.2/2005 on the file of the Sub Court, Cuddalore against Thirugnanasambandam, namely the petitioner herein. In the said suit, Thirugnanasambandam, the revision petitioner herein, besides resisting the prayer for specific performance, made a counter claim for recovery of possession of the suit property from the plaintiff therein. After trial, the trial court decreed the suit for specific performance and dismissed the counter-claim made by Thirugnanasambandam by its judgment and decree dated 28.1.2010. The said decree was confirmed by the appellate judge, namely the Additional District Judge (Fast Track Court No.2), Cuddalore in A.S.No.30/2010.

2. As against the decree of the said court dated 29.03.2011 made in A.S.No.30/2010, Thirugnanasambandam preferred a second appeal in S.A.No.777/2011 on the file of this court. This court, by its judgment dated 30.04.2013 allowed the second appeal filed by Thirugnanasambandam, dismissed the suit O.S.No.2/2005 on the file of the Sub Court, Cuddalore filed by Kaliaperumal and




























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