BAGYALAKSHMI Vs. RAMATHAL

JUDGEMENT

(1.) Challenge in the present revision is to the order dated 09.08.2018 passed in the execution proceedings in E.P.No.717 of 2017 in O.S.No.424 of 1988 on the file of the learned II Additional Sub-ordinate Judge, Coimbatore, whereby, the decree for specific performance of the Sale Agreement dated 10.12.1986, was directed to be executed.

(2.) Heard Mr.S.Mukunth, learned counsel for the petitioner and Mr.P.Saravana Sowmiyan, learned counsel appearing on behalf of the respondent.

(3.) When the plaintiff/respondent herein had filed a suit in O.S.No.424 of 1988, seeking for execution of the Sale Deed in terms of the Sale Agreement dated 10.12.1986 or direct the defendants to convey 2/3rd share of the suit property, the trial Court had decreed the suit on 04.09.1998, directing the defendants 1 and 2 to execute the Sale Deed as per the terms of the Sale Agreement dated 10.12.1986. The appeal in A.S.No.13 of 1999, filed by the petitioner herein against the judgment and decree in O.S.No.424 of 1988, came to be dismissed. The Second Appeal in S.A.No.1819 of 2001 before this Court, came to be allowed and the suit was dismissed. On further appeal, the Honourable Apex Court, by a judgment and decree dated 22.08.2017, had set aside the order of this Court and decreed the suit.