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2009 Supreme(Ker) 927

S.S.SATHEESACHANDRAN
E. P. Thomas – Appellant
Versus
K. C. Sivadasan, S/o. Sankaran, Kakkanatty Ozhukayil, Pala Kara (Died) – Respondent


Advocates appeared:
For the Petitioner:P.C. Haridas, Thomas T. Varghese, Advocates. For the Respondents:Philip T. Varghese, R2 to R6, K. Gopalakrishna Kurup, Advocates.

Judgment :

The revision is directed against the order dated 9.3.2007 in E.P.No.23 of 2006 in O.S.No.33 of 2002 passed by the learned Munsiff, Erattupetta. The judgment debtor in the above execution petition is the revision petitioner, and the decree holder, the respondent. The decree executed in the proceedings was a compromise decree passed in a suit for perpetual prohibitory injunction. Petitioner/judgment debtor instituted the above suit to restrain the respondent/defendant from evicting him forcefully from the plaint schedule building. The respondent resisting the suit claim contended that the registered sale deed in respect of the plaint schedule property was executed in favour of the plaintiff/judgment debtor/revision petitioner as a security towards a loan transaction for a sum of Rs.One lakh on an agreement to reconvey the property on discharge of the debt within the time provided. The parties entered into a compromise in the suit by which petitioner/plaintiff agreed to execute a sale deed in respect of the plaint property in favour of the respondent/defendant subject to payment of the sum stated within the time fixed. Compromise stipulating the terms thereunder was accepted









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