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1998 Supreme(SC) 741

B.N.KIRPAL, S.C.AGRAWAL
Thatchara Brothers – Appellant
Versus
M. K. Marymol – Respondent


ORDER

1. Presumption regarding service of notice on Respondent 3 is drawn.

2. Special leave granted.

3. This appeal is directed against the judgment of the High Court of Kerala dated 14-10-1997 in AS No. 157 of 1995 whereby the High Court has remanded the matter to the trial court for recording further evidence. The matter arises out of a suit filed by Respondents 1 and 2 (hereinafter referred to as "the plaintiffs") for setting aside two sale deeds executed by their mother (Respondent 3) in favour of the appellants in respect of 15 cents of land. The said sale deeds were executed by Respondent 3 in pursuance of an agreement for sale dated 1-9-1979 executed by Mannullil Kurien, the father of the plaintiffs and the husband of Respondent 3. Mannullil Kurien passed away on 12-1-1980 and, thereafter, Respondent 3 in her capacity as a guardian of the minor plaintiffs executed the two sale deeds dated 14-7-1980 and 18-7-1990. The suit of the plaintiffs to assail the validity of the sale deeds was mainly founded on the ground that the permission of the Court was not obtained by Respondent 3, as guardian of the minor plaintiffs, before executing the sale deeds. The trial court dismissed th


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