R.SUBBIAH
P. Kumaran – Appellant
Versus
V. Ramaswami – Respondent
1. This application has been filed by the applicants under Order XIV Rule VIII of Original Side Rules and under Order 9 Rule 7 of CPC, praying to set aside the order dated 07.11.2014 passed by this Court in C.S.No.121 of 2007 dismissing the suit for default.
2. The applicants/plaintiffs have filed the suit for specific performance directing the respondents/defendants to execute the sale deed conveying the plaint schedule property to the applicants/plaintiffs by receiving the balance sale consideration. The prayers made in the plaint are as follows_
(a) to direct the defendants to execute the sale deed conveying the plaint schedule property to the plaintiffs by receiving the balance sale consideration of Rs.5,90,50,000/- (Rs.1,50,000/- per cent for 4.27 acres giving credit to Rs.50,00,000/- received as advance by the defendants) and in the event of the defendants failing to execute the sale deed, the sale deed may be executed by this Court or by any Officer nominated or appointed by this Court and in the event of the decree for specific performance not being granted, to direct the defendants to pay a sum of Rs.1,30,00,000/- (Rs.50,00,000/- paid as advance, Rs.10,00,000/- recei
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