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2025 Supreme(Online)(Mad) 76152

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice P. DHANABAL
C.DURAISAMY – Appellant
Versus
K.KANDASAMY AND 4 OTHERS – Respondent


JUDGMENT

1.These Second Appeals have been preferred as against the common judgment and decree dated 07.12.2023 passed in A.S.Nos.117 of 2011 and 7 of 2012 on the file of the Additional District Judge, Coimbatore confirming the judgment and decree dated 20.04.2011 in OS.No.67 of 2007 on the file of Sub-Court Pollachi.

2. The plaintiff, who is the first respondent in both the second appeals, field the suit for specific performance of contract and the suit was decreed. As against the judgment and decree, the first defendant preferred the first appeal in A.S.No.117 of 2011, who is the appellant herein in S.A.No.95 of 2015 and the second defendant preferred the first appeal in AS.No.7 of 2012, who is the appellant herein in S.A.No.58 of 2015. The said appeals were dismissed by the First Appellate Court. Aggrieved by the judgment and decree, the present appeals have been filed by the defendants.

3. For the sake of convenience and brevity, the parties in these appeals are to be referred as plaintiff and defendants as referred in the original suit.

4. The brief averments in the plaint are as follows:

The first defendant is the owner of the suit property through sale deed dated 17.02.2000. The p

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