Kasilingam vs Seeranga Gounder (Died) 1. Saraswathi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 16689

IN THE HIGH COURT OF JUDICATURE AT MADRAS
, J
Kasilingam – Appellant
Versus
Seeranga Gounder (Died) 1. Saraswathi – Respondent

Advocates:
For the Appellants/Petitioners: Mr.V.Raghavachari, Mr.K.P.Pramod Kumar
For the Respondents: Mr.R.Nalliyappan

Table of Content
1. allegations of fraud must be explicitly stated for them to be accepted in court. (Para 3 , 4 , 5 , 6)
2. the doctrine of lis pendens blocks claims made after a decree is issued. (Para 11 , 22 , 23)
3. absence of allegations of fraud results in the dismissal of the appeal. (Para 15 , 18 , 19)
4. litigants can't claim rights that arise from a sale made during ongoing litigation. (Para 20 , 21)
5. the court upholds the executing court’s decision to dismiss the section 47 application. (Para 27 , 28)

ORDER

The revision petitioner challenges an order passed in REA.No.160 of 2022, which was an application filed by the revision petitioner under Section 47 of the Code of Civil Procedure read with Section 151 of the CPC.

2. I have heard Mr.V.Raghavachari, learned Senior Counsel appearing for the revision petitioner for Mr.K.P.Pramod Kumar and Mr.R.Nalliyappan, learned counsel appearing for respondents 1 to 5.

3. The submissions of Mr.V.Raghavachari, learned Senior Counsel are that in a suit for specific performance of an agreement of sale, the sale consideration was fixed at Rs.45,000/- out of which an advance of Rs.25,000/- had been paid by the plaintiff, leaving a balance of R

Click Here to Read the rest of this document

2026 Supreme(Online)(Mad) 16689

IN THE HIGH COURT OF JUDICATURE AT MADRAS, JKasilingam – AppellantVersusSeeranga Gounder (Died) 1. Saraswathi – Respondent

Cases Referred (3)

IN THE HIGH COURT OF JUDICATURE AT MADRAS
, J
Kasilingam – Appellant
Versus
Seeranga Gounder (Died) 1. Saraswathi – Respondent