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2026 Supreme(Mad) 616

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, R.SAKTHIVEL
A.S.Vetrivel S/o. Shanmugasundaram – Appellant
Versus
K. Palanisamy S/o. Krishnasamy Goundar – Respondent


Advocates Appeared:
For the Appellant : Mr. K.P. Prabhuraj for Mr. A.K.Mylsamy and Associates
For the Respondent: Mr. K. Govi Ganesan, Mr. K Sudhakar

JUDGMENT :

N.Sathish Kumar J.

The present appeal has been filed challenging the decree and judgment of the Trial Court granting alternative relief of refund of advance amount of Rs.50,00,000/-with interest at the rate of 10% per annum from the date of sale agreement till the date of realisation. A charge has also been created over the plaint schedule property for recovery of decree amount and costs.

2. For the sake of convenience, the parties are referred to as per their rankings before the Trial Court.

3. The unsuccessful plaintiff has preferred this appeal challenging the decree and judgment of the Trial Court, insofar as it refused the relief of Specific Performance.

4. The case of the plaintiff is that the first defendant, being a father and the other defendants, being his daughters, agreed to sell the suit property for a total sale consideration of Rs.55,00,000/- and executed a registered sale agreement on 14.08.2012, after receiving a sum of Rs.50,00,000 as advance. It was agreed between the parties that the balance sale consideration should be paid within a period of 23 months from the date of agreement. According to the plaintiff, the said period of 23 months was stipulated to e

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