ANNALAKSHMI Vs. JAGADEESWARI

JUDGEMENT

(1.) The respondent had earlier filed O.S.No.209 of 1997. It was dismissed on 23.02.1998 as compromised. Thereafter, the respondent filed O.S.No.07 of 1999 in respect of the same property, where the petitioner was the defendant.

(2.) O.S.No.209 of 1997 was filed for a specific performance of agreement dated 03.06.1996. The agreement was in respect of land in new Survey No.51/5. In O.S.No.07 of 1999, the respondent/plaintiff had however wrongly mentioned the survey number as Survey No.51/6 though in O.S.No.209 of 1997, the survey number was correctly mentioned as S.No.51/5.

(3.) Since the petitioner did not participate in O.S.No.07 of 1999, the petitioner was set ex-parte and the suit was decreed ex-parte. Pursuant to the exparte decree, E.P.No.121 of 2004 was filed by the respondent/plaintiff for execution of sale deed in terms of the exparte decree.