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2025 Supreme(Mad) 4842

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR
R.Rasappan – Appellant
Versus
D.Rajalakshmi (died) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.P.Valliappan Senior Counsel for M/s.PV Law Associates
For the Respondent: Mr.P.Suresh

COMMON ORDER :

C.R.P.No.1013 of 2025 has been filed under Article 227 of the Constitution of India to set aside the judgment and decree, dated 17.10.2005, in O.S.No.534 of 2000 on the file of the I Additional Sub- Court, Erode, on the ground that the judgment in the present suit is not in conformity with Order XX Rules 4 and 5 CPC and the same cannot be construed as a valid judgment. C.R.P.No.2774 of 2024 has been filed under Section 115 CPC challenging the order of the Sub-Court, Avinashi, dated 07.03.2023, in E.A.No.43 of 2019 in E.P.No.2 of 2017, dismissing the application under Section 47 CPC filed on the ground that the decree has been obtained by playing fraud. Both these revisions are filed by the 2nd defendant in the suit.

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

3.Brief background of the case is as follows :

The suit in O.S.No.534 of 2000 has been originally filed by D.Rajalakshmi, for specific performance to enforce the sale agreement dated 19.01.2000 entered into between the plaintiff and the 1st defendant in respect of the suit property. The said suit was originally decreed ex parte on 31.10.2003. Thereafter, th

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