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2025 Supreme(Online)(Mad) 69446

IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.Karthikeyan, R.Vijayakumar, JJ
V.Sahaya Antony – Appellant
Versus
Vasuki – Respondent


Advocates:
For the Appellants/Petitioners: Mr.M.Ajmalkhan, Senior Counsel for M/s.Ajmal Associates
For the Respondents: Mr.J.Barathan for Mr.V.Sasikumar

JUDGMENT

(Judgment of the Court was delivered by C.V.Karthikeyan, J.)

The plaintiff in O.S.No.3 of 2012 on the file of the District Court, Kanyakumari at Nagercoil is the appellant herein.

2. O.S.No.3 of 2012 had been filed seeking specific performance of an agreement of sale dated 04.02.2009 entered into between the plaintiff and the first defendant. In the alternate, the plaintiff had also sought that the first plaintiff should be directed to execute a sale deed to an extent of 16 ½ cents and to return back the proportionate amount received by her for 10 cents of land which stood in the name of second defendant/her daughter. By judgment dated 18.12.2017, the suit came to be dismissed, necessitating the plaintiff to file the present appeal.

O.S.No.3/2012 [District Court, Kanyakumari, Nagercoil]:

3. The plaintiff contended that the suit schedule property totally measured 26 ½ cents of land in R.S.No.653/3, at Agasteeswaram Taluk. It is contended that the first defendant executed a settlement deed to an extent of 10 cents out of the said lands in favour her daughter, second defendant. The first defendant offered to sell the suit schedule property and entered into an agreement on 04.02.20

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