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2024 Supreme(Mad) 2172

N. SESHASAYEE, P. VADAMALAI
M. K. Srinivasan – Appellant
Versus
R. Ramasamy – Respondent


Advocates:
Advocate Appeared:
For the Appellants : M.S. Krishnan, R. Samel Gunasingh, J. Bharathan
For the Respondents: J. Anandhavalli, T. Mohan, S. Thirunavukkarasu, M.A. Gouthaman, R. Karthikeyan

JUDGMENT :

N. SESHASAYEE. J.

PRAYER: Appeal filed under Section 96 of the Civil Procedure Code r/w Order 41 Rules 1 and 2 of C.P.C., against the judgment and decree dated 19.01.2016 in O.S.No. 6 of 2011 on the file of the Principal District Judge, Karur.

1. Challenging a decree dismissing their suit for specific performance in O.S.No. 6 of 2011 on the file of the Principal District Court, Karur, the plaintiffs therein have preferred the present appeal. Instead of granting a decree for specific performance, the learned District Judge has directed the first defendant to pay the plaintiffs the advance amount of Rs.50.0 lakhs which the plaintiffs had paid, with interest at 6% p.a. There is neither any cross objection, nor any cross appeal by the first defendant. For narrative convenience, parties would be referred to by their rank before the trial court.

2. A brief statement on the case of the plaintiffs may now be stated:

    (a) The suit property is described as a block of land measuring 48.26 acres (19.53.0 h) and is comprised in Sy.Nos.1241, 1243, 1244, 1274 to 1276, 1277/1 and 1277/2 and 1279/1 of Pavithram Village, Aravakurichi Taluk. This property belonged to defendants 2 to 11.

    (b) On 06

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