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1997 Supreme(Ker) 355

K.NARAYANA KURUP
Sree Padmanabha Dasa Marthanda Varma – Appellant
Versus
Moolan Thirunal Rama Varma – Respondent


Judgment :-

K. Narayana Kurup, J.

Defendants 1 to 4 in O.S. No. 1170/95 of the II Addl. Sub Judge's Court, Trivandrum are the revision petitioners. The revision is directed against the order of the trial Court in I.A. No. 2619/97 dismissing the application filed by the revision petitioners for setting aside and striking out the interrogatories.

2. The revision petitioners and respondents 1 to 5 herein are the legatees under a Will executed by the late His Highness Maharaja of Travancore on 28.11.1981. His Highness passed away on 20.7.1991. Thereafter, the Will was probated. Under the Will, the legatees are entitled to large extent of properties including the Kowdiar Palace, Trivandrum measuring 38 acres. An agreement for sale was executed by defendants I to 9 and the plaintiffs on 4.7.1993 for sale of 28 acres of land, viz, the Pal ace Extension Compound at the rate of Rs. 49,500/- per cent. Thereafter on 15.4.1994 a supplemental agreement is alleged to have been executed between the parties. However, this is denied by the plaintiffs. As per the condition of agreement,

the sale deed has to be executed on or before 25.10.1994. However, in the meantime, the Government, of Kerala issued







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