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2003 Supreme(Ker) 511

K.PADMANABHAN NAIR
Thomas Job – Appellant
Versus
P. T. Thomas – Respondent


Judgment :-

The judgment debtor in E.P. 215 of 2001 in O.S. 174 of 1979 on the file of the Additional Sub Court, Alappuzha is the revision petitioner. The Civil Revision Petition is directed against an order passed by the executing Court directing the decree holder to deposit Rs,9,50,000/- within three days and to get the sale deed executed through Court.

2. The revision petitioner and respondent are brothers. The respondent filed O.S.174 of 1979 for a decree of mandatory injunction to remove a building in the plaint schedule property and for surrender of vacant possession of the site occupied by the building to the plaintiff and in case the defendant refuses to vacate, for a decree allowing recovery of suit property. Originally on 31.10.1981 the suit was decreed. The revision petitioner challenged the decree and judgment in A.S.140 of 1983 before the District Court, Alappuzha. The lower appellate Court allowed the appeal, set aside the decree and judgment passed by the trial Court and dismissed the suit. The plaintiff filed S.A.574 of 1996 before this Court. This Court by judgment dated 3.9.1991 set aside the decrees passed by both the Courts and remanded the suit to the trial Cour





























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