Alliema Vs Kavitha

Minor Arunagiri S/o.Late Shanmugavel, Rep.by mother and natural guardian Kavitha, 532W/2, Kaliamman Koil St, A.kalayamputhur, Palani Tk, Dindigul Dist. T.Ramamoorthi (Deceased) Kowsalya (Deceased)

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Nalini W/o.Late Ramamoorthy, D.No.80/C-45, Thiruvalluvar St, Ramasamy Nagar, Udumalpet Tk, Thirupur Dist.

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Minor R.Abilesh S/o.Late Ramamoorthy, Rep.by mother and natural guardian Nalini,

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https://www.mhc.tn.gov.in/judis

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CRP No. 1899 of 2026

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D.No.80/C-45, Thiruvalluvar St, Ramasamy Nagar, Udumalpet Tk, Thirupur Dist.

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Minor.R.Jothish S/o.Late Ramamoorthy, Rep.by mother and natural guardian Nalini, D.No.80/C-45, Thiruvalluvar St, Ramasamy Nagar, Udumalpet Tk, Thirupur Dist.

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..Respondent(s)

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Prayer: This petition is filed under Article 227 of the Constitution of India to set aside the order dated 22.1.2026 passed by the IV Additional District Court, Udumalpet in IA.No.23/2023 in OS.No. 356/2017 and pass such further or other orders as this Honble Court.

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For Petitioner(s): MR.J.Pothiraj For Respondent(s): NO APPEARANCE

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ORDER

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This petition is filed to set aside the order dated 22.1.2026 passed by the IV Additional District Court, Udumalpet in IA.No.23/2023 in OS.No. 356 of 2017.

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2.The facts of the case is that the defendants/respondents herein are the owner of the subject property and they have entered into a sale agreement with the petitioner on 22.12.2012 and a sum of Rs.5,00,000/- was paid as advance by

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the petitioner. Thereafter, there was delay on the part of the defendants to

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Page2 of 6

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https://www.mhc.tn.gov.in/judis

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CRP No. 1899 of 2026

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execute the sale deed and they sought time, due to which another sale agreement was executed on 17.11.2015 and a sum of Rs.2,50,000/- was received by the defendants at the time of execution of the sale agreement. After execution of second sale agreement dated 17.11.2015, the defendants failed to execute the sale deed, through the plaintiff and time and again informed that she is ready and willing to perform her part of contract by paying the balance sale consideration. Thereafter, a further period of five months was extended to complete the sale and the said extension was endorsed on 16.04.2017 in the sale agreement dated 17.11.2015. However, yet again the execution of sale deed was delayed by the defendants. Hence, the petitioner filed a suit in O.S No.356 of 2017 on the file of the IV Additional District Court, Udumalpet and the defendants failed to appear before Court below, due to which the suit was decreed in favour of the petitioner on 01.03.2021 by fixing a time limit to the plaintiff in the suit to pay the balance sale consideration within two months from the date of Judgment i.e 01.03.2021. The sum and substance of the case is that due to certain genuine reasons, the balance payment was not made within the time fixed by the Court below. Hence, the petitioner field a Interlocutory Application before the Additional District Judge, Udumalpet seeking extension of time by a month. During the pendency of the said I.A some of the defendants died and therefore the petitioner took out an application to bring the legal heirs of the deceased defendants on record and the same was dismissed on 22.01.2026. Challenging the same the petitioner has filed the present C.R.P.

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https://www.mhc.tn.gov.in/judis

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CRP No. 1899 of 2026

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The learned counsel for the petitioner submits that the petitioner is 20

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years old lady and there was some lapse on her part due to lack of communication. He further submits that the petitioner is always ready and

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willing to perform her part of contract, the tenure for completion of the contract was periodically extended. Hence, she prays to allow this petition.

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There is no representation for the respondents.

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Heard the learned counsel for the petitioner and perused the materials available on record.

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On a perusal of records, it is seen that there was some delay on both sides and due to lack of communication the petitioner was not able to communicate the defendants to complete the sale agreement and the matter is pending from 2021 i.e for the past 5 years. However, the petitioner is also ready and willing to perform her part of contract.

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In view of the above facts, the petitioner is directed to deposit the balance sale consideration in OS.No. 356/2017 on the file of the IV Additional District Court, Udumalpet within a period of four (4) weeks from the date of receipt of a copy of this Order.

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https://www.mhc.tn.gov.in/judis

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CRP No. 1899 of 2026

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