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2018 Supreme(Mad) 2409

M.M.SUNDRESH, N.ANAND VENKATESH
Harsha Estates – Appellant
Versus
P. Kalyana Chakravarthy – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Sriram Panchu, Mr. V. Chandraprabu, Mr. T. Shanmugananda Vijayakumar, Mr. P. Raja
For the Respondents: Mr. Vijay Narayanan, Mr. K. Chandrasekaran, Mr. P. Solomon Francis, Mr. Yashod Vardhan, Mr. K.S. Vaidyanathan

JUDGMENT :

N. Anand Venkatesh, J.

These appeals arises against the common orders passed in applications filed in three suits wherein viz; C.S. Nos. 197 to 199/2007. The learned Single Judge has in effect revoked the leave granted to the plaintiff to file the suit and has also rejected the plaint in the suits filed by the plaintiffs by a common order dated 23.11.2016.

2. For the sake of convenience, the parties shall be addressed as plaintiffs and defendants in these appeals.

3. The plaintiffs filed three suits for the relief of Specific Performance and Consequential Permanent Injunction based on three independent agreements of sale dated 08.08.20016 entered into with the defendants. The property in question are vacant lands which are situated at Puduvoyal Village, Gummidipoondi Taluk. Initially, the suit was decreed ex-parte by a ex-parte judgment and decree dated 19.02.2009, and the plaintiffs pursuant to the ex-parte decree also deposited the balance sale consideration as directed by this Court. The plaintiffs also filed execution petitions for getting the sale deed executed in their favour. Subsequently, the defendants filed an application to set aside the ex-parte decree with delay


















































































































































































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