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2015 Supreme(Mad) 1645

S.NAGAMUTHU
Renuga – Appellant
Versus
K. G. Chandran – Respondent


Advocate Appeared:
For the Appellants:N. Manokaran, Advocate.
For the Respondents:R1, P.T. Asha for M/s. Sarvabhauman Associates, Advocates.

Judgment :-

1. The first respondent herein K.G.Chandran had earlier filed a suit in O.S.No.68 of 2003, on the file of the I Additional Subordinate Court, Erode, against the second respondent herein for specific performance of an agreement of sale. The suit was decreed in favour of the first respondent herein. Thereafter, the second respondent filed an appeal, in A.S.No.76 of 2007, before the I Additional District Judge, Erode. The same was dismissed on 26.6.2008, thereby confirming the judgment and decree of the trial Court. As against the same, the second respondent filed the second appeal in S.A.No.183 of 2009 before this Court and the same was also dismissed on 6.7.2010. Thus, the decree for specific performance granted in favour of the first respondent was confirmed.

2. Thereafter, the first respondent filed E.P.No.208 of 2008 before the I Additional Subordinate Judge, Erode, to execute the decree in O.S.No.68 of 2003. On transfer, it was dealt with by the II Additional Subordinate Judge, Erode. During the pendency of the same, the appellants herein filed E.A.No.51 of 2010, under Order 21 Rule 99 C.P.C, claiming that they had a share in the suit properties and therefore, the dec










































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