Maniammal @ K. Mani vs M. V. Ranjendran

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Mad) 2396

SUNDER MOHAN
Maniammal @ K. Mani – Appellant
Versus
M. V. Ranjendran – Respondent

Advocates appeared:
For the Appellants:C.P. Sivamohan, PA. Saigovindaraja, Advocates. For the Respondents:R1, K. Thilageswaran, Advocate.

JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 43 of Rule 1 of Code of Civil Procedure seeking to set aside the fair and decretal order dated 11.11.2022 in E.A.No.1 of 2022 in E.P.No. 181 of 2020 on the file of the III Additional District Judge, Coimbatore.)

1. The above appeal has been filed against an order passed in E.A.No.1of 2022 in E.P.No.181 of 2020 on the file of the learned III AdditionalDistrict Judge, Coimbatore.2. The brief facts leading to the above appeal are as follows:-

(a) The appellants are the Judgment Debtors and had suffered adecree in a Suit for Specific Performance in O.S.No.608 of 2012 on the fileof the learned III Additional District Judge, Coimbatore. The first respondentis the Decree holder. He filed E.P.No.5 of 2018 against the JudgmentDebtors for execution of the Sale Deed. Since the appellants did not comeforward to execute the Sale Deed, the Court had executed the registered SaleDeed dated 19.02.2020 in favour of the first respondent. The appealfiled against the decree in O.S.No.608 of 2012 was dismissed on the groundthat there was a delay of 1176 days in filing the appeal. The appellants havenot challenged the said Order

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