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2002 Supreme(Ker) 711

PIUS C.KURIAKOSE
Joseph – Appellant
Versus
Kanakam – Respondent


Judgment :-

1. This Civil Revision Petition at the instance of the additional 2nd decree holder impugns an order passed by the executing court by which that court has accepted the contention raised by the judgment-debtors that they have paid a sum of Rs. 75,000/- out of court in full settlement of the decree-debt, A resume of the facts is given below.

2. The decree in question is a simple money decree passed in favour of a partnership firm by name M/s. Sreyas Financiers represented by its then Managing Partner Mr. M.K. Divakaran Nair who is no more. The revision petitioner is the present Managing Partner of the said firm. Execution proceedings were initiated only after the demise of Sri. M.K. Divakaran Nair.

3. The judgment-debtors-respondents entered appearance and filed objections to the notice under R.66 of O. XXI CPC. The objections were filed more than 2 years after they entered appearance. In the objections they took up a contention that on 10.8.1995 the original judgment-debtor, whose legal representatives the additional judgment-debtors are, had paid a sum of Rs. 75,000/- to Sri. M.K. Divakaran Nair. Along with the objections, they produced a photostat copy of an agreement (r






























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