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2001 Supreme(Ker) 318

S.SANKARASUBBAN
Vareed Jacob – Appellant
Versus
Sosamma – Respondent


Judgment :-

S. Sankarasubban, J.

1. This Civil Revision Petition is filed against the order in E.P. No. 37 of 1981 in O.S. No. 332 of 1122(ME) on the file of the Munsiff's Court, Kottarakkara. The suit was for partition. The decree holder obtained a decree to get delivery of items 10 to 16 from the judgment debtors. As per the final decree dated 21.5.1964, the sixth defendant was allowed to take A schedule property item No. 8 having an extent of 29 cents and also item No. 16 having an extent of 1 acre and 75 cents. After the decree, the sixth defendant died and the legal representatives were impleaded. They applied for getting delivery of the property. Then what happened was that the third defendant filed O.S. No. 209/69 against the original 6th defendant and others for setting aside the decree in O.S. 332/1122(ME) and O.S. No. 90 of 1952 and obtained an order of injunction restraining the sixth defendant and others from executing the decree in the present case. After the disposal of O.S. No. 209/69, the plaintiff in that case preferred an appeal as A.S.137 of 1975. The Sub Court dismissed the appeal against which he preferred S.A. No. 532 of 1978 before this High Court and the same





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