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2011 Supreme(Ker) 285

HARUN-UL-RASHID
Kappothoora Chandran – Appellant
Versus
N. Musthafa – Respondent


Advocates Appeared:
For the Petitioners:C. Khalid, T.P. Sajid, Shahna Karthikeyan, G. Sreekumar (Chelur), K. Ravi (Pariyarath), Advocates.
For the Respondent:C.P. Peethambaran, Advocate.

JUDGMENT


1. W.P.(C).No.836/2010

The petitioners are the defendants in O.S.No.39 of 2008 on the file of the Sub Court, Thalassery. They are also the respondents in I.A.Nos.2467 & 2468 of 2009. The writ petition is filed seeking to set aside Ext.P4 common order dated 5.12.2009 in the above said I.As and to pass an order dismissing the said I.As as illegal and arbitrary.

2. I.A.No.2467/2009 is an application filed under Section 28(3)(a) of the Specific Relief Act to direct the defendants in the suit (petitioners herein) to execute the sale deed in respect of plaint A, B and C schedule properties. I.A.No.2468/2009 is filed under Section 151 of the Code of Civil Procedure to permit the plaintiff to deposit the balance sale consideration before the court.

3. The short facts leading to the filing of the aforesaid two writ petitions are as follows:

Suit was filed for specific performance of the agreement dated 2.4.2007 directing the defendants to execute sale deeds in respect of plaint A, B and C schedule property. During trial, the mater was settled between the parties. They filed a compromise petition on 11.11.2008 praying to pass a decree in terms of the compromise. The court decreed













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