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2015 Supreme(Mad) 2034

R.MALA
K. Rajeswari – Appellant
Versus
M. V. Shanmugam (Deceased) – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:S. Balasubramanian, Advocate.
For the Respondents: R2 to R4, A.R.L. Sundaresan, Senior Counsel for A.L. Gandhimathi, R1, Died.

JUDGMENT

R. MALA, J.

1. The present review application has been filed against the Decree and Judgment dated 03.03.2011 made in A.S.No.1037 of 2007.

2. The brief facts of the case is as follows:

The first respondent herein as plaintiff had filed a suit in O.S.No.36 of 2005 on the file of the District Court, Salem for specific performance on the basis of the sale agreement dated 20.10.2004. The review petitioners who are the defendants in the said suit raised the plea that the document is not a sale agreement but it was only a security for the amount borrowed. However, the Trial Court after considering the submissions made by both sides had decreed the suit. Against the said judgment of the Trial Court, the defendants preferred an appeal in A.S.No.1037 of 2007, wherein the judgment of the Trial court was confirmed. Against the said judgment of the appellate Court, the defendants/appellants preferred an Special Leave Petition before the Hon'ble Apex Court and the said SLP came to be dismissed as withdrawn with the liberty to the petitioner/appellant/defendants to file review against the order passed by the learned Single Judge so as to bring to his notice the provisions of the Hindu Disp






















































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