KARTHIKEYAN Vs. R VASANTH

JUDGEMENT

(1.) THESE civil miscellaneous appeals are arising out of the common order passed in I.A.No.63 of 2008 in O.S.No.40 of 2005 and I.A.No.64 of 2008 in O.S.No.48 of 2004, dated 17.09.2008, on the file of the Additional District Court (Fast Track Court), Thoothukudi.

(2.) THE facts of the case are as under: A suit in O.S.No.40 of 2005 has been filed by Kannan/1st respondent herein against his father Kannan @ Rajendran and Karthikeyan/appellant herein before the Additional District Court(Fast Track Court), Thoothukudi for declaration of title and for consequential relief of injunction restraining the 1st defendant not to alienate the suit property to the 2nd defendant.

(3.) THE 2nd defendant, who is the agreement holder, had filed O.S.No.48 of 2004, would state that he had entered into a sale agreement with the father of the plaintiff and had paid substantial amount of the sale price and was ready and willing to perform his part of the contract. However, this suit was filed against the father of the plaintiff and the same was resisted by the sole defendant.