S.P.R. PUBLICATIONS Vs. GANAPATHI INDUSTRIES

JUDGEMENT

(1.) The Appeal Suit was found to be maintainable by an order dtd. 11/9/2024 and the Registry was accordingly directed to number the present Appeal Suit.

(2.) The question before the Court now is whether the prayer for setting aside the impugned order dtd. 25/6/2024 and remanding the matter to the Trial Court for a fresh hearing upon issuing notice to the defendants can be allowed. Learned counsel appearing for the appellant has argued for an order of remand.

(3.) The appellant is the plaintiff before the Trial Court who filed a Suit for specific performance of contract based on an Agreement of Sale dtd. 5/11/2007. According to a sequence of events presented by counsel appearing for the appellant, the Agr\eement of Sale dtd. 5/11/2007 was executed between the appellant and the respondent No.1/defendant No.1 for sale of the suit schedule property for a total sale consideration of Rs.60,00,111.00 out of which the appellant paid a sum of Rs.18,00,000.00. The appellant was to pay the balance sale consideration at the time of registration of the Sale Deed. The appellant paid a total sum of Rs.22,50,000.00 to the respondent No.1 and expressed its readiness and willingness to pay the balance sale consideration of as agreed by the parties.