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2022 Supreme(Mad) 50

T.RAJA, D.BHARATHA CHAKRAVARTHY
M. Vairamudi – Appellant
Versus
J. Jayalakshmi – Respondent


Advocates Appeared:
For the Appellant :V. Raghavachari, M.A.R. Pragash, Advocates.
For the Respondents:T.S. Vijaya Raghavan, Advocate.

JUDGMENT :

D. Bharatha Chakravarthy, J.

Prayer: First Appeal filed under Section 96 read with Order XLI Rule 1 of C.P.C to allow the above appeal and set aside the judgment and decree dated 18.04.2015 of the learned II Additional Judge, District Court, Salem in O.S.No.177 of 2011 with costs.

A. The Appeal:

1. This appeal is filed by Mr. M. Vairamudi, the defendant in O.S. No. 177 of 2011 on the file of the II Additional District Judge, Salem aggrieved by the Judgment and Decree dated 18/04/2015, thereby decreeing the suit originally filed by one Mr. K.V. Janakiraman, the first plaintiff who died pending the suit and his legal representatives coming on record as plaintiffs 2 to 6 and pursuing the suit for specific performance of a sale agreement dated 17/04/2011 of a house property consisting of an RCC Building of Ground, First and Second Floors, in an extent of 784 sq.ft. of land in No.16, Vela Street, Shevapet, Salem, more fully described in the suit schedule.

2. For the sake of convenience, in this judgement the parties are referred to as per their array in the original suit.

B. Th

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