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2019 Supreme(Mad) 1646

C.V.KARTHIKEYAN
Sakunthala – Appellant
Versus
K. Ganesan – Respondent


Advocates Appeared:
For the Appellant :Chitra Sampath, SC, M. Kamalahasan, Advocate.
For the Respondent:S. Parthasarathy, SC for R. Bharath Kumar, Advocate.

JUDGMENT :

(Prayer: This Second Appeal is filed under Section 100 of Civil Procedure Code, against the Judgment and Decree passed in A.S.No. 1 of 2011 dated 23.12.2014 on the file of the Court of II Additional District Judge, Chidambaram confirming the Judgment and Decree passed in O.S.No.125 of 2003 dated 18.01.2006 on the file of the Court of Subordinate Judge, Chidambaram.)

1. The legal representatives of the deceased defendant in O.S.No.125 of 2003 on the file of the Sub Court, Chidambaram, are the appellants herein.

2. O.S.No. 125 of 2003 had been filed by the plaintiff K.Ganesan against the defendant S.Narayanaswamy, seeking specific performance of an agreement of sale dated 18.11.1992 and in default for the Court to execute the sale deed and for a further direction against the defendant to deliver possession of the suit properties free from any obstruction and for costs of the suit.

3. By Judgment dated 18.01.2006, the suit was decreed. The defendant then filed A.S.No. 1 of 2011 before the II Additional District Court, Chidambaram. Pending the Appeal, he died and his legal representatives, namely, his widow and daughter were brought on record. By Judgment dated 23.12.2014, the a

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