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2020 Supreme(Mad) 2240

R.SUBRAMANIAN
Muthalammal – Appellant
Versus
K. P. Natarajan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : T. Balaji for A. Thiyagarajan
For the Respondent: M. Guruprasad

ORDER :

R. Subramanian, J.

1. This matter is taken up for hearing through Video-Conferencing.

The defendants in OS No. 264 of 2013 whose application to condone the delay of 862 days in filing an application to set aside the ex parte decree passed in OS No. 264 of 2013 on 08.04.2015 came to be dismissed, are on Revision.

2. The suit in OS No. 264 of 2013 was filed for specific performance of an agreement of sale dated 25.04.2011. The plaintiffs claimed that the defendants had entered into an agreement for sale of the suit properties for a total consideration of Rs. 26,40,000/- and had received of an advance of Rs. 8,80,000/- on' the date of the agreement. A period of six months was fixed for the performance of the contract. It is also claimed that the second defendant had received a sum of Rs. 1,50,000/- on 15.09.2011. Claiming that the defendants did not come forward to receive the balance of sale consideration and execute the Sale Deed, despite demands, the plaintiffs had sought for specific performance.

3. The suit came to be decreed ex parte on 08.04.2015. The plaintiffs filed Execution Petition in EP No. 33 of 2015 seeking execution of the decree. It is at this juncture, the defenda

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