R.SUBBIAH, A.D.JAGADISH CHANDIRA
S. Palanivel – Appellant
Versus
P. Natesan – Respondent
R.SUBBIAH, J.
In the present appeals challenge is made to the common judgment and decree dated 20.03.2008 made in O.S.No.228 of 2004 & O.S.No.131 of 2006 respectively, passed by the learned First Additional District (Fast Track Court No.1), Salem.
2. The appellants herein are the plaintiffs in O.S.No.228 of 2004. Originally, the appellants herein/plaintiffs had filed the suit in O.S.No.193 of 2002 before the Sub-Court at Salem, as against the 1st defendant P.Natesan, for specific performance of the sale agreement dated 05.07.1998. Subsequently, the said suit was transferred to the file of Additional District Court (FTC-I), Salem and renumbered as O.S.No.228 of 2004 (A.S.No.484/2008). Later in the said suit, the daughters and son of the 1st defendant P.Natesan got themselves impleaded as defendants 2 to 5 and opposed the prayer of the plaintiffs for specific performance.
3. That apart, unmarried daughters of the 1st defendant P.Natesan, who are defendants 2 & 3 in O.S.No.228/2004, viz., Thamarai Nayaghi & Pallavi Natesan had also filed a separate suit in O.S.No.160 of 2004 before the Sub-Court at Namakkal, for partition of the suit schedule properties into 10 equal shares, as
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