The High Court of Madras, in an appeal suit, set aside the judgment and decree of the Trial Court regarding an original suit. The Court allowed the appellant's appeal, directing the respondents to execute a sale deed within six months.
Cancelled judgment and decree of trial court; original suit allowed; respondents directed to execute sale deed within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
FRIDAY, THE EIGHTH DAY OF APRIL, TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE Mrs.JUSTICE S.KANNAMMAL
Appeal Suit No.166 of 2013
Prakash Kumar
...Appellant/Plaintiff
-vs-
1.Rajesh Krishnan
2.M/s.Visalam Builders, represented by its Managing Director, Smt.Prabhavathy No.32, Pillaiyar Koil Street, Triplicane, Chennai – 5. ...1st &2nd Respondents/Defendants
3.A.K.Abdul Rahman
(R-3 impleaded as Proposal Respondent vide order dated 03.01.2020 made in CMP.No.6244 of 2016 is AS.No.166 of 2013)
...3rd Respondent/Proposed Respondent
Prayer: Appeal suit filed under Section 96 of CPC read with order XL1 Rule 1 of CPC against the judgment and decree made in O.S.No.7492 of 2010 dated 28.08.2012, on the file of the Court of the XVII Additional District & Sessions Judge, Chennai.
Decree: These Appeal Suit coming on Thursday, the tenth day of March two thousand twenty two, upon perusing the grounds of Appeal, the Judgment and Decree of the Trial Court/Court of first instance and the material papers in the case and upon hearing the arguments of Mr.V.Manohar, Advocate for the Appellant and of Mr.S.B.Viswanathan, Advocate for the first and second Respondents and of Mr.T.Velumani, Advocate for the third Respondent and having stood over for consideration til this day, While this court allowing the Appeal Suit, doth order and decree as follows:-
-s/d-
Assistant Registrar
//True Copy//
Sub-Assistant Registrar
dixit
To
+1cc to Mr.S.B.Viswanathan, Advocate, SR.No.24512
+1cc to Mr.V.Manohar, Advocate, SR.No.24639
Order Date: 08/04/2022
Decree:
A.S.No.166 of 2013
Allowing the Appeal Suit preferred against the Judgment and decree of the court of the XVII Additional District and Sessions Judge, Chennai, dated 28.08.2012 made in O.S.No.7492 of 2010 etc., as stated therein.
SSD(CO) RN(26/05/2022)
2 issues framed by the court
Whether to allow the appeal suit against the judgment and decree of the trial court?
Whether to direct the respondents to execute a sale deed in favour of the appellant?
Prakash Kumar
Rajesh Krishnan
M/s. Visalam Builders
A.K.A. Abdul Rahman
S. KANNAMMAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
