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2019 Supreme(Ker) 948

ANNIE JOHN
Jose Philip, S/o K. M. Philip – Appellant
Versus
Muhammed Ali, S/o K. Koyatti Haji – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.JOSE KURIAKOSE (VILANGATTIL), SRI.GRASHIOUS KURIAKOSE (SR.)
For the Respondent: SRI.K.M.FIROZ, SRI.S.KANNAN, SMT.M.SHAJNA, SRI. D.CHANDRASENAN, SR.P.P

ORDER :

The petitioners herein has filed the present petition in order to quash the entire proceedings initiated on the strength of Annexure-A5 complaint in C.C.No.654/2014 on the files of the Court of Special Judicial First Class Magistrate (Marad Cases), Kozhikode. The second petitioner is the wife of the first petitioner. On 16.02.2010, an agreement was executed between the petitioners and the first respondent as per which the first respondent agreed to purchase the petitioners' property extending 5¾ acres of property for a consideration of Rs.14,90,000/- per acre. The first respondent failed to pay the balance sale consideration and to perform his part of the agreement. In this connection, the respondent filed O.S. No. 878 of 2010 before the Sub Court, Kozhikode seeking a decree for refund of advance sale consideration of Rs.33,00,000/-from the petitioners. True copy of the plaint dated 03.11.2010 in O.S. No. 878/2010 before the Sub Court, Kozhikode is produced and marked as Annexure A1. The first respondent obtained an interim order of injunction restraining the petitioners from alienating the property and the same was later vacated. The said property was later sold to one Bava

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