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VIKRAM NATH, SANDEEP MEHTA
Moideenkutty – Appellant
Versus
Abraham George – Respondent
| Table of Content |
|---|
| 1. relevant factual background of the case. (Para 2 , 4 , 5 , 6 , 8 , 9 , 10 , 11) |
| 2. court's critical observations on evidence and argument. (Para 12 , 13 , 14 , 15 , 16 , 27 , 28 , 29 , 30 , 31 , 32) |
| 3. submissions from both parties regarding claims. (Para 19 , 20 , 21 , 22 , 23 , 25 , 26) |
| 4. conclusion and orders of the court. (Para 33 , 35 , 36) |
| 5. final ratio decidendi affirming trial court's decision. (Para 34) |
JUDGMENT :
SANDEEP MEHTA, J.
1. Heard.
2. The present appeal is directed against the final judgment and order dated 11th March, 2022, passed by the High Court of Kerala at Ernakulam1 [Hereinafter referred to as the “High Court”] in RFA No. 563 of 2014, arising out of Original Suit No. 34 of 2010, whereby the High Court reversed the judgment and decree dated 27th November, 2013, passed by the Court of the Subordinate Judge, Manjeri.2 [Hereinafter, referred to as the “trial Court”] Vide the impugned judgment, the High Court held the appellant3 [Hereinafter, referred to as the “plaintiff-appellant”] to be in breach of the agreement (Exh.A-1); allowed the appeal preferred by the respondent4 [Hereinafter, referred to as the “defendant-respondent”] and remanded the m
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