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2023 Supreme(Mad) 2503

S. S. SUNDAR, C. KUMARAPPAN
M/s Pan Resorts Ltd, rep by its Director Sarath Kakumanu, Chennai – Appellant
Versus
H. H. Karthika Thirunal Lakshmi Bayi – Respondent


Advocates appeared:
For the Appellants:Om Prakash, Senior Counsel for M/s Abitha Banu, Advocate. For the Respondents:T.V. Ramanujam, Senior Counsel, R1 & R3, R7 & R11, S. Prabakar, R6, S. Rajendrakumar, R9, Rajendran Raghavan, Advocates. Ajmal Khan, Senior Counsel, R10, M/s Ajmal Associates, R5, No appearance, R8-Died, R12, Batta due.

JUDGMENT

(Prayer: Memorandum of Grounds of Original Side Appeal under Order XXXVI, Rule 1 of the Madras High Court Original Side Rules read with Clause 15 of the Letters Patent, against the judgment and decree dated 01.10.2012 made in C.S.No.632 of 1997 on the file of this Court.)

1. The above original side appeal has been filed by the plaintiff as against the judgment and decree of the learned single Judge dated 01.10.2012 made in C.S.No.632 of 1997 on the file of this Court.

2. The appellant herein has originally filed the suit in C.S.No.632 of 1997 for the relief of specific performance directing the defendants 1 to 9 to execute the sale deed in favour of the plaintiff after receiving the balance of sale consideration payable to the defendants in proportion to their respective shares in terms of the agreement of sale dated 3.8.94 and for consequential relief including the relief of directing the defendants to put the plaintiff in full possession of the suit property.

3. The case of the appellant in the plaint can be summarized as follows:-

(a) Defendants 1 to 9 are the joint owners of the suit property called Travancore House/Adyar House situated at L.B.Road, Padmana

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