KUPPAN v. MUTHUSAMY

ITEM NO.19 COURT NO.12 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 6216/2022 (Arising out of impugned final judgment and order dated 19-11-2020 in SA No. 1315/2009 passed by the High Court Of Judicature At Madras) KUPPAN & ANR. Petitioner(s) VERSUS MUTHUSAMY Respondent(s) (FOR ADMISSION and I.R. and IA No.51496/2022-EXEMPTION FROM FILING O.T.) Date : 29-04-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MRS. JUSTICE B.V. NAGARATHNA For Petitioner(s) Mr. M. A. Chinnasamy, AOR Ms. C. Rubavathi, Adv. Mr. C. Raghavendren, Adv. Mr. M. Veeraragavan, Adv. Mr. V. Senthilkumar, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R There are concurrent findings of fact recorded by the first appellate court as well as the High Court on the execution of the Agreement to Sell executed in favour of the plaintiff and that substantial amount paid towards the sale consideration and also on ready and willingness on the part of the plaintiff to fulfil his part of the contract and thereafter, when the decree for specific performance has been passed by the first appellate Court which is confirmed by the High Court in a Second Appeal and the Second Appeal has been dismissed, we see no reason to interfere with the same in exercise of powers under Article 136 of the Constitution of India. The Special Leave Petition stands dismissed. Pending application stands disposed of. (R. NATARAJAN) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS BRANCH OFFICER