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2011 Supreme(Ker) 87

THOTTATHIL B.RADHAKRISHNAN, S.S.SATHEESACHANDRAN
Unnikrishnan – Appellant
Versus
Kunhibeevi – Respondent


Advocates Appeared: For the Appellants :M.P. Sreekrishnan, Smt. Shahna Karthikeyan, Advocates. For the Respondents:N. Subramaniam, Joseph J. Thayamkeril, M.S. Narayanan, Advocates.

Judgment :-

S.S. Satheesachandran, J. The appellants are defendants 5, 7, 8 and some among the legal representatives of the 6th defendant, in O.S.No.229/93 on the file of the Principal Sub Court, Kochi. Respondents 1 to 8 are the legal representatives of the plaintiff viz., P.K. Aboo. 9th respondent is the 1st defendant in the above suit and respondents 10 to 12 are defendants 2 to 4 in the suit. Respondents 10 and 12 passed away during the pendency of the appeal and their legal representatives have been impleaded as respondents 19 to 23 and 24 to 27 respectively. Respondents 13 to 18 are the other legal representatives of the 6th respondent in the suit.

2. The appeal is directed against the decree granted by the court below setting aside the court sale in O.S.No.67/81 of the Principal Sub Court, Kochi, and directing re-delivery of some of the properties covered by that sale, four items described as B schedule in the present suit.

3. Short facts involved in the case necessary for disposal of the appeal can be summed up thus: The 1st defendant, a statutory bank, instituted O.S.No.67/81 against defendants 2 to 4 for recovery of the loan advanced to the 2nd defendant on the basis of mo





















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