IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI, J
V.M.Tamilselvan – Appellant
Versus
Karunalayasamy Madam Nandavanam – Respondent
| Table of Content |
|---|
| 1. summary of proceedings and points for consideration. (Para 3 , 8 , 9) |
| 2. appellant's arguments against the maintainability of the application. (Para 5 , 6 , 7) |
| 3. execution process and prior claims dismissed. (Para 10 , 11 , 12 , 13) |
| 4. court's observations on the executing court's mistakes. (Para 14 , 15 , 16) |
| 5. clarification on order xxi rule 58 of cpc. (Para 18) |
| 6. final order and dismissal of appeal by the court. (Para 20 , 21) |
JUDGMENT
The plaintiff-decree holder is the appellant, aggrieved by the order in E.A.No.1 of 2023 in E.P.No.90 of 2019 in O.S.No.622 of 2010, on the file of the II Additional District and Sessions Judge, Tiruppur.
2.The facts in brief:
The appellant, as plaintiff filed a suit for specific performance in O.S.No.622 of 2010, seeking enforcement of an agreement of sale dated 21.11.2007 and also for other consequential reliefs against one M.S.Balan, the 2ndrespondent herein. The 2ndrespondent, as defendant contested the suit and ultimately, the trial Court, by judgment and decree dated 07.10.2016, decreed the suit and granted the relief of specific performance, by directing the plaintiff to deposit Rs.48,20,000/- being the balance sale considerat
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