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1998 Supreme(Ker) 629

S.SANKARASUBBAN
Karuna Kuries And Finance – Appellant
Versus
Kunju Vareed – Respondent


ORDER

S. Sankarasubban, J.

1. The Revision Petition is filed by the Petitioner who is the plaintiff O.S.673 on the file of the Additional Munsiff's Court, Irinjalakkuda. The revision is directed against the order dated 19.6.98 in I.A.4220/97. The respondents are the defendants in the suit. The first respondent is a debtor of the petitioner having borrowed several amounts. The petitioner then filed O.S.229/87 for realisation of money from the first respondent before the Sub-Court, Irinjalakkuda. The suit was decreed. Proceedings for execution were taken and it is pending as E.P.540/93. According to petitioner, the first respondent is a prosperous land owner. But he filed objection in the execution proceedings stating that he has no means to pay the amount. On enquiry, it was found that the first respondent had contracted debts with the petitioner firm and several others and in 1985 he had fraudulently and clandestinely transferred all the properties in the name of his wife and others by executing fraudulent and grossly undervalued documents. Two of such documents are document No.1051/85 of Chalakudy Sub-Registrar Office. The suit was filed seeking relief by declaring the documents as










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