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2023 Supreme(Mad) 2379

S. S. SUNDAR, C. KUMARAPPAN
K. R. Sundararaj – Appellant
Versus
M. Nataraj – Respondent


Advocates appeared:
For the Appellants:Ar. L. Sundaresn, Senior counsel, P. Mathivanan, Advocate. For the Respondents:R1, Naveen Kumar Murthi, S. Sidhartha Vishnu, Advocates. R2, Died.

JUDGMENT

(Prayer: Appeal Suit filed under Section 96 of CPC against the judgment and decree dated 30.04.2015 passed in OS.No.648/2011 by the learned I Additional District Judge, Coimbatore.)

S.S. Sundar.

(1)Defendants 2 and 3 in the suit in OS.No.648/2011 on the file of I Additional District Court, Coimbatore, are the appellants in the above appeal.

(2)Brief facts that are necessary for the disposal of this appeal are as follows:

(a)The 1st respondent herein, as plaintiff, filed the suit in OS.No.648/2011 against the 2nd respondent and the appellants for specific performance of an Agreement dated 29.07.2011 by directing the defendants to execute the Sale Deed free from encumbrance upon receipt of the balance sale consideration and for permanent injunction restraining the defendants from in any manner alienating or encumbering the suit properties and for consequential reliefs.

(b)It is the case of the 1st respondent/plaintiff that the 1st defendant in the suit executed a registered Power of Attorney Deed in favour of 2nd defendant in respect of the suit property on 16.06.2011 giving the absolute right to the 2nd defendant to deal with the property and the

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