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2024 Supreme(Mad) 1000

K. GOVINDARAJAN THILAKAVADI
R. Manoj Kumar – Appellant
Versus
S. Durairaj – Respondent


Advocates:
Advocate Appeared:
For the Appellants : V.C. Janardhanan, P. Srinivas.
For the Respondents: S. Parthasarathy, T. Surekha.

JUDGMENT :

K. GOVINDARAJAN THILAKAVADI, J.

PRAYER: Appeal Suit is filed under Section 96 of CPC against the judgment and decree dated 30.08.2011 passed in O.S.No. 882 of 2008 on the file of the First Additional District Judge, Coimbatore.

1. The Appeal suit is filed against the judgment and decree dated 30.08.2011 passed in O.S.No. 882 of 2008 on the file of the First Additional District Judge, Coimbatore.

2. The 1st respondent is the plaintiff and the Appellant is the 2nd defendant and the 2nd respondent is the 1st defendant in the suit. The case of the plaintiff is that the suit was filed for specific performance directing the defendants to execute the sale deed in respect of the suit property in terms of the agreement of sale deed dated 07.01.2008 and directing the defendants to pay the cost of the suit. In alternative to direct the defendants to pay a sum of Rs.8,99,457.85/- with subsequent interest of Rs.4,00,000/- at the rate of 24% per annum till the date of realization. Creating charge over the property for a sum of Rs.8,99,457.85/- with subsequent interest on Rs.7,50,000/- at the rate of 24% per annum.

3. According, to the plaintiff, the first defendant T.Rajendran approached t

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