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1998 Supreme(Ker) 581

S.KRISHNAN UNNI
Ayyappan Pillai – Appellant
Versus
Raveendranathan – Respondent


Judgment :-

S. Krishnan Unni, J.

These E.F. As. arise from the common order passed by the Principal Sub Judge, Thiruvananthapuram in E.A. Nos. 19,17,16 of 1987 and two other E.As. on 28.1.1998, filed by the decree holder in O.S. No. 31 of 1968 of that Court under 0.21 R.97 CPC for removal of obstruction in execution of the decree. The appellants are obstructors whose objections were overruled by the lower court.

2. I will give a very brief background which gave rise to these applications. O.S. No. 31 of 1968 was a suit for specific performance filed by the decree holder against two defendants, setting up an agreement for assignment of 2 acres of land in Sy. Nos. 512, 513 and 514 of Padikkattu Muri, Cheruvakkal Village. The suit was filed on 1.6.1968 and it was decreed on 26.2.1970. An appeal was filed before this court as A.S. No. 567 of 1970 against the said judgment and decree. The said appeal was heard on 5.7.1974 and the suit was remanded to the lower court for fresh disposal relating to the right of way. After the suit was remanded, an application was filed to amend the plaint as I. A. 5299(a) of 1974, and the suit was again decreed subject to the above amendment on 29.11.1974.


























































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