M S MUNUSAMY Vs. G VENKO SIVASAKTHI

JUDGEMENT

(1.) THE Petitioner in the above C.R.P are the Defendants in O.S. No. 599 of 2004 and the Respondents in R.E.P. No. 125 of 2007 and R.E.P. No.308 of 2008 on the file of the District Munsif Court Gobichettipalayam.

(2.) THE Respondent herein, on the basis of a Sale Agreement dated 28.8.2003 said to have been executed by the Petitioners herein filed O.S. No.599 of 2004 before the District Munsif Court, Gobichettipalayam seeking a decree for specific performance of the Agreement of Sale.

(3.) IN such circumstances, the Respondent filed E.A. No. 308 of 2008 purportedly under Order 6, Rule 17, and Section 151, C.P.C on 27.8.2008 seeking to amend the schedule in the Execution Petition, draft Sale Deed and fair Sale Deed.