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2023 Supreme(Online)(MAD) 14686

HIGH COURT OF MADRAS
JUSTICE N.SESHASAYEE
B.V.REDDY ENTERPRISES PVT LTD – Appellant
Versus
MR.S.MURALI MANI & 4 OTHERS – Respondent


JUDGMENT

1.1 This is a suit for specific enforcement of a sale agreement dated 13.12.2006 against defendants 1 and 2, through their Power Agent, the defendants 3 and 4. The suit property is stated to measure 5.5 grounds in R.Sy. No:97/3 in Block No.17, bearing New Door No.33 at College Road, Nungambakkam.

1.2 During the pendency of the suit, the third defendant was adjudicated as an insolvent, and his estate vested with the Official Assignee of this Court. The Official Assignee (henceforth will also be referred to as OA) has since been impleaded as the 5th defendant, vide an order dated 17.08.2015. He alone contested the suit defending the estate of the 3rd defendant. It may be stated that pending suit, the 3rd defendant had passed away.

Pleadings:

2.1 The case of the Plaintiff is as follows:

a) The suit property originally belonged to a certain Subbulakshmi. She bequeathed this property to her sons, the defendants 1 and 2 herein, under a Will dated 21.01.1997. The Will was since probated by this Court.

b) On 18.08.2006, the 1st and 2nd defendants entered into a registered sale agreement with the 3rd defendant, whereunder the latter agreed to purchase the suit property for a sale conside

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