LAWS(MAD)-2023-2-307

V. DHANASEKARAN Vs. A. KRISHNAMURTHY

Decided On February 02, 2023
V. DHANASEKARAN Appellant
V/S
A. Krishnamurthy Respondents

JUDGEMENT

(1.) These two appeals are filed against the common judgment and decree in the suits in OS.No.497/2006 and OS.No.673/2011 dtd. 26/3/2014 on the file of the IV Additional District and Sessions Court, Coimbatore, by the defendants 8 to 12 in the suit in OS.No.497/2006 who are also defendants 7 to 11 in the suit in OS.No.673/2011.

(2.) Since the contesting parties are one and the same and the suits are connected and disposed of by a common judgment and decree, these two appeals are also heard together and disposed of by this common judgment.

(3.) Respondents 1 to 3 in both the appeals are the wife and children of late Sri.A.Krishnamurthy who is the plaintiff in both the suits, namely, OS.Nos.497/2006 and 673/2011. The suit in OS.No.497/2006 was filed for specific performance of an Agreement of Sale dtd. 18/5/2006 and consequential reliefs and in the alternative for directing the defendants to pay a sum of Rs.16,55,200.00 with interest. The suit in OS.No.673/2011 was filed by the very same plaintiff for permanent injunction restraining the defendants therein from in any manner altering the physical features of the suit property either by putting up construction or otherwise.