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2016 Supreme(Ker) 747

K.RAMAKRISHNAN
Frederick Paul Manohar, S/o Gabriyal – Appellant
Versus
Mohanan S/o. Narayanan – Respondent


Advocates Appeared:
For the Petitioner:Sri. C.P. Peethambaran and Smt. Mini. V.A., Advocates.
For the Respondent:K.R. Vinod, Advocate.

JUDGMENT :

K. Ramakrishnan, J.

This petition has been filed by the petitioner challenging Exts.P7 and P8 orders passed by the court below in I.A. 835/2014 and I.A. 1793/2016 in O.S.453/2011 on the file of the Principal Sub Court, North Paravur under Article 227 of the Constitution of India.

2. It is alleged in the petition that the respondent filed Ext.P1 suit as O.S. 451/2011 on the file of the Sub Court, North Paravur, claiming return of advance amount, which was said to have been paid on the basis of an agreement entered into between the parties in respect of sale of a property belonging to the defendants, who is the petitioner herein. The matter was referred to adalat and in the adalat it was settled evidenced by Ext.P2, whereby the parties have agreed that an amount of Rs. 12,55,000/- has already been paid and has been acknowledged and if further amount of Rs. 8,45,000/- is paid by the plaintiff on or before 23.07.2012 and get the document executed by the defendant. It is also mentioned in the agreement that, if the defendant had violated the condition, then the plaintiff can move the court for appropriate reliefs to execute this document. Thereafter the plaintiff filed I.A.835/2




















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