M.V.MURALIDARAN
Padmanabhan Rep. by his Power agent V. Ramakrishnan – Appellant
Versus
I. M. Karthikeyan – Respondent
1. The plaintiff is before this Court challenging the order passed in the application filed by the respondents herein/defendants 16,18,19,21 and 22 under Section 5 of the Limitation Act for condoning the delay of 1258 days in filing the application to set aside the ex-parte decree dated 22.12.2009 passed against the respondents in the suit for specific performance of the agreement dated 29.12.2004 entered into between the petitioner and the respondents.
2. The case of the petitioner herein is that he filed a suit in O.S.NO.120 of 2006 on the file of the learned IV Additional District Court, Madurai through his power agent V.Ramakrishnan against the respondents herein for the relief of specific performance to execute the sale deed for the suit schedule properties based upon the sale agreement entered into between the petitioner herein and the respondents herein dated 29.12.2004. The petitioner contented that the 1st item of suit property originally belongs to one S.P.Chinnasamy and his family members who are the defendants 1 to 15 in the above said suit. They have jointly executed a registered general power of attorney in respect of the 1st item of the suit property on 18.06.2
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