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1997 Supreme(Ker) 86

B.N.PATNAIK
Joseph – Appellant
Versus
Joseph – Respondent


Judgment :-

Patnaik, J.

The plaintiffs in O.S. No. 782 of 1994, on the file of the Sub Court, Ernakulam have preferred this revision against the order dated 13.3.1996 in IA No. 6988 of 1995 arising out of the said suit, by which the learned Additional Sub Judge directed the petitioners to file an Execution Petition in order to execute the decree which was one for specific performance of a contract.

2. By the judgment and decree dated 31.8.1995 of the Court below in the said suit, the defendant/respondent was directed to execute the sale deed in favour of the plaintiffs in respect of the plaint schedule property after receipt of the balance sale consideration of Rs. 62.500/- within one month from the date of judgment failing which the plaintiffs shall be at liberty to get the decree executed by depositing the balance amount in the court below. On 16.9.1995, the plaintiffs deposited the sale consideration amount of Rs. 62,500/- in the court below as directed in the decree. But the defendant/respondent did not execute the sale deed as per the decree inspite of the fact that the balance consideration money was deposited within one month from the date of the judgment. Hence the plaintiffs










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