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2019 Supreme(Mad) 2755

N.SATHISH KUMAR
Thomas Aroquiamarie – Appellant
Versus
Abener Cessar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. V. Manisekaran.
For the Respondent: Mr. Shailappan.

JUDGMENT :

N. SATHISH KUMAR, J.

Prayer: Second Appeal has been filed under Section 100 of C.P.C. against the decree and judgment passed in A.S. No. 35 of 2007 dated 14.07.2007 on the file of the II Additional District Court, Pondicherry reversing the decree and judgment passed in O.S. No. 510 of 2004 dated 28.02.2007 on the file of the Additional Sub Court at Puducherry.

1. Aggrieved over the decree and judgment of the first appellate Court reversing the decree and judgment of the trial Court, the present Second Appeal is filed.

2. In an earlier occasion, when this Second Appeal was listed on 07.03.2019, despite service of notice to the respondent and his name printed in the cause list, as none appeared for the respondent, this Second Appeal has been allowed by this Court. Subsequently, the Second Appeal has been restored on the petition filed by the respondent. Thereafter, this Court heard the learned counsel for the appellants and the learned counsel for the respondent and disposed of this Second Appeal.

3. The parties are arrayed as per their own ranking before the trial court.

4. It is the case of the plaintiff that the defendants have entered into an agreement on 07.06.2001 for sale

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