V. Padmavathi vs D. Chinnasamy - 2025 Supreme(Mad) 4037

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Mad) 4037

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Ms.JUSTICE R.N.MANJULA, J
V. Padmavathi – Appellant
Versus
D. Chinnasamy – Respondent

Advocates Appeared:
For the Appellant : Ms. K. Megala for Mr. N. Manokaran.
For the Respondent: Mr. S. Kaithamalai Kumaran for Mr. N. Palanikumar.

JUDGMENT :

(R.N. MANJULA, J.)

This Second Appeal has been filed to set aside the judgment and decree dated 25.06.2014 passed in A.S.No.7 of 2013 on the file of the II Additional District and Sessions Court, Tirupur, partly allowing the judgment and decree dated 28.10.2010 passed in O.S.No.123 of 2007 on the file of the Principal Sub Court, Tirupur.

2. Heard both sides and perused the materials available on record.

3. For the sake of convenience, the parties are referred to as per their rank in the suit as plaintiff and defendant.

4. The appellant, who is the plaintiff, has filed the suit for specific performance and the trial Court had granted the relief of specific performance and the first appeal preferred by the defendant was partly allowed, by modifying the judgment and decree of the trial Court to the extent of granting refund of Rs.4,00,000/- with interest at the rate of 9% p.a. from the date of suit till the date of decree and thereafter, 6% interest, till realisation. The plaintiff has filed the second appeal by challenging the judgment of the first appellate Court, seeking the relief of specific performance.

5. The short facts pleaded by the plaintiff in the plaint are as under