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2025 Supreme(Online)(Mad) 65224

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dr. A.D. Maria Clete, J
K.Pasupathy – Appellant
Versus
N.A.Jambulingam – Respondent


Advocates:
For the Appellants/Petitioners: Mr. R. Viduthalai, Senior Counsel, Ms. R. Revathy
For the Respondents: Mr. R. Krishnaswamy for R1 & R2, Mr. Anoj Elangovan for Mr. M. Govind Chandrasekar for R12, Mr. M. Karunakaran for R4 to R8

JUDGMENT

Heard.

2.This Second Appeal is directed against the judgment and decree dated 05.12.2013 in A.S.No.17 of 2012 on the file of the learned Subordinate Judge, Ponneri, by which the judgment and decree dated 10.12.2011 in O.S.No 85 of 2005 on the file of the learned District Munisif, Ponneri, were reversed.

3.The suit was filed for (i)Specific performance of contract directing the defendants 1, 8 and 10 to execute and register a sale deed in respect of the suit properties in favour of plaintiffs and defendants 2 to 7;(ii)for declaration that the sale deed dated 30.06.2004 and rectification deed dated 30.11.2004 in favour of 8th defendant, and the sale deed dated 30.06.2004 in favour of the 10th defendant, are null and void; (iii) a permanent injunction; (iv) for Rs.25,000/- towards the share value of eucalyptus trees which were cut and removed; and (v) to pay costs.

4.For convenience, the parties are referred to as arrayed in the plaint.

5.The facts necessary for disposal of this second appeal are briefly stated as follows: The plaintiffs’ case is that the suit properties originally belonged to one Arasu Reddy. They were later purchased by Venugopal Chettiar, father of the first de

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