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2025 Supreme(Online)(MAD) 11873

HIGH COURT OF MADRAS
Honourable Mr Justice A.D.JAGADISH CHANDIRA
N.ADHITHAN – Appellant
Versus
G.KRISHNAN – Respondent


O R D E R

This Civil Revision Petition has been filed by the petitioner seeking for a direction to the learned Subordinate Judge, Kancheepuram to refund balance sale consideration of Rs.1,60,000/- (Rupees One lakh sixty thousand only) deposited by the petitioner to the credit of O.S.No.73 of 2009 (Previously O.S.No.63 of 2006 on the file of the learned Subordinate Judge at Poonamallee).

2. The submissions of the learned counsel appearing for the petitioner are as follows :-

2.1. The petitioner/plaintiff had filed a suit in O.S.No.63 of 2006 for specific performance of agreement for sale dated 05.10.2003 against the respondent/defendant before the Subordinate Court, Poonamallee. As per the agreement, the total sale consideration was fixed at Rs.2,45,000/- and a sum of Rs.85,000/- was paid as advance. The petitioner, at the time of filing the suit, in order to establish his bonafide, had deposited Rs.1,60,000/- to the credit of the suit in O.S.No.63 of 2006 on the file of the Subordinate Court, Poonamallee on

07.07.2006 through 'A' Challan No.52.

2.2. Subsequently, due to the district bifurcation, the suit was transferred to the file of the Subordinate Court, Kancheepuram and re-numbered

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