U.B.SHANMUGAM Vs. S.SADAGOPAN

JUDGEMENT

(1.) This instant suit has been filed for decree of specific performance of the agreement of sale dtd. 21/10/2003 executed by the 5th defendant on behalf of the defendants 1 to 4 and to declare the sale deed dtd. 6/6/2005 vide document No.1869 of 2005 executed by the 5th defendant on behalf of the defendants 1 to 4, at the office of SRO, Kumbakonam as null and void and for cost of the suit.

(2.) Original defendants D1, D5 and D6 had died during the pendency of the Suit. By order dtd. 16/7/2021, on the memo filed, D2 to D4 have been declared as legal heirs of the deceased D1, D11 and D12 have been impleaded as legal heirs of the deceased D5 by order of this Court dtd. 27/8/2021 in Application No.2187 of 2021 and defendants 13 to 16 were impleaded as legal heirs of the deceased D6 by order of this Court dtd. 23/12/2021 in Application No.4369 of 2021 and D7 to D10 were impleaded as per order of this Court dtd. 30/3/2012 in Application Nos.914 and 915 of 2012. D2 to D4 were set exparte by order of this Court dtd. 21/7/2022. D7 had filed a written statement which has also been adopted by D8 to D10. D13 to D16 have also filed their written statement. D17 was impleaded by order of this Court dtd. 19/12/2023 in Appl.No.6485 of 2023.

(3.) The brief averments in the plaint:-