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1998 Supreme(Ker) 486

S.SANKARASUBBAN
Thomas – Appellant
Versus
Devassy – Respondent


Judgment :-

S. Sankarasubban, J.

This C.R.P. is filed against the judgment in CM, A JO of 1996 on the Sleofthe Additional District Court, N. Paravur. The 3rd appellant in the C.M.A. has been impleaded as respondent No. 2 in this revision. The proceedings arise from E.A. 45 3/ 1992 in E.P. 455/1991 in O.S.256/1983 on the file of the Munsiff s Court, Paravur. That application was filed under 0.21 R.90 of C.P.C. to set aside the sale. The facts are as follows: The first respondent in the C.R.P., namely Devassy, obtained a decree against the first petitioner, who is the husband of the second petitioner and father of the 3rd petitioner and 2nd respondent. The decree holder put the decree into execution and purchased in Court sale 58 cents of property comprised in Survey No. 307/8B and 307712B of Varapuzha Village. According to the petitioners, the sale was held fraudulently and without due publicity.

2. The allegations in the application are as follows: The first petitioner is not in a normal state of mind and is suffering from mental disability. On account of financial distress which he had to undergo, he has lost his capacity to take care of the situation that confront him. Hence, the s



























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