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2015 Supreme(Mad) 1466

K.KALYANASUNDARAM
B. M. Sivanarayanan Sah – Appellant
Versus
Breadway rep. by its Partner C. Asaithambi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:M. Venkateswaran, Advocate.
For the Respondents:R. Abdul Mubeen, Advocate.

Judgment :-

1. This revision is filed to strike off the plaint in O.S.No.7412 of 2014 ending on the file of the III Asst. Judge, City Civil Court, Chennai.

2. Heard Mr.M.Venkateswaran, learned counsel for the petitioner and Mr.R.Abdul Mohideen, learned counsel for the first respondent and perused the records.

3. The undisputed facts are as follows -

(A) The petitioner Shri Sivanarayana Sah instituted a suit against the second respondent in C.S.No.860 of 2008 before this Court for specific performance of agreement of sale dated 23.09.2004 and the suit was decreed on 08.09.2010. Since the judgment debtor did not execute the sale deed, the Asst. Registrar (O.S.I) of this Court executed the sale deed in favour of the petitioner on 04.01.2013 in E.P.No.21 of 2012. Thereupon, the petitioner filed application No.4324 of 2013 in E.P.No.21 of 2012 for delivery of vacant possession of the suit property. The judgment debtor opposed the application contending that there was no decree for delivery of possession. However, the learned Master allowed the application by order dated 22.11.2013 directing the judgment debtor to handover possession of the ground and first floors to the petitioner. Challen






























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