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1995 Supreme(Ker) 89

P.A.MOHAMMAD
Ramesh – Appellant
Versus
John K. Joseph – Respondent


Judgment :-

Both the revision petitions arise from a suit, O.S.No.2 of 1988 on the file of the Subordinate Judge's Court, Cherthala. It was a suit for specify performance which was decreed on 19-12-1992. The defendant-judgment debtor is the revision-petitioner in both the revisions. The plaintiff-decree-holder is the respondent. C,R.P.No.2423 of 1994 is against an order in E.A.No.310 of 1993 in EP. No.114/93 in O.S.No.2 of 1988 allowing the petition for extension of time for payment of the balance consideration as per the decree. C.R.P.No.284 of 1995 is against the order in I.A.No.587 of 1993 in O.S.No.2 of 1988 refusing to rescind the contract. I. A.No.587 of 1993 was filed by the defendant judgment debtor for rescinding the contract on the trial side after the decree whereas E.A.No.310/93 was filed by plaintiff-decree holder on the execution side for extension of time. The above two petitions were disposed of by the court below as per a common order dated 2-9-1994.

2. The functional portion of toe decree in O.S.No.2 of 1988 filed by the plaintiff, dated 19-12-1992 reads thus: "Defendant is directed to execute a sale deed in favour of the plaintiff in respect of the scheduled prope








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