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2004 Supreme(Ker) 570

K.M.JOSEPH
Bhaskaran – Appellant
Versus
Vijayaraghan – Respondent


Judgment :-

The writ petitioner, in this petition filed under Article 227 of the Constitution of India, challenges Ext.P2 order passed by the Sub Court, Palakkad. The undisputed facts in this case are as follows:

2. The first respondent obtained a decree for a sum of Rs.49,182/- with interest at the rate of 12% from the date of the suit till realization with costs of the suit. The decree further provided that the first respondent could realize the decree amount with costs and interest personally from the defendant and also by sale of the mortgaged properties. The defendant in the suit executed a settlement deed in respect of a decree schedule property in favour of the third respondent, his son. This was done in the year 1997, that is after the decree was passed. The petitioner is an assignee of a portion of the property from the third respondent. The assignment was made in favour of the petitioner only in the year 1999. It is further not disputed that a sum of Rs.1,03,000/- was reserved in the sale deed executed in favour of the petitioner to enable the petitioner to wipe off the decree amount. Thus it cannot be disputed that the petitioner purchased the property fully aware of the









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