Madras High CourtAS/922/2012dismissed

E.B.Jayaprakash ( Deceased ) v. A.P.Sukumar

2026-03-10Honourable Mr Justice C.V. Karthikeyan,Honourable Mr.Justice K.Rajasekar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-03-2026

CORAM

THE HON'BLE MR JUSTICE C.V. KARTHIKEYAN AND THE HON'BLE MR.JUSTICE K.RAJASEKAR

1. E.B.Jayaprakash ( Deceased )

2. J.Mynavathy

3. Kavitha @ Angalaparameswari

4. Ramesh @ Saravanan

5. Prabhu Appellants 3 to 5 are brought on record as L.Rs.of deceased 1st Appellant vide Order dated 21.11.2014 in M.P.No.1/2014 ..Appellant(s) Vs A.P.Sukumar ..Respondent(s) PRAYER : Appeal against the judgment and decree, dated 30.06.2010, passed in O.S.No.107 of 2008 on the file of Principal District Judge, Namakkal.

For Appellant(s):

Mr.Krishnakumar, for M/s.Sarvabhauman Associates For Respondent(s):

Ms.D.Chitra Maragadham for Mr.T.R.Rajaraman

JUDGMENT

(Judgment of the Court was delivered by C.V.Karthikeyan J.) The property has already been sold by dividing the same into plots. The same had been recorded by this Court on 15.12.2025 as under : "The learned counsel for the respondent had forwarded the details of the plots, which had been sold subsequent to the decree on 30.03.2012. By eight (8) separate documents of sale, the properties have been sub-divided into plots and have been sold. Subsequent to this, an order of stay had been granted on 01.11.2012.

2. The learned counsel for the respondents states that however even before the date, further sale conveyances had been taken place over the properties and possession has also been handed over."

2. The suit had been filed, seeking specific performance, which was decreed. Defendants are in appeal.

3. Learned counsel for the respondent/plaintiff has categorically stated that the property is not available as on date.

4. Learned counsel for the appellants filed a Memo stating that the appellants have taken change of vakalat.

5. Nothing survives in the appeal. Accordingly, this Appeal Suit is dismissed. No costs.

(C.V.K.,J.) (K.R.S.,J.) 10-03-2026 Index: Yes/No Speaking/Non-speaking order DIXIT To 1.Principal District Judge, Namakkal.

2.V.R. Section, High Court, Madras.

C.V.KARTHIKEYAN, J.

AND K.RAJASEKAR, J.

DIXIT 10-03-2026