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2021 Supreme(Ker) 779

ANIL K.NARENDRAN, M.R.ANITHA
NOORUDHEEN. V. – Appellant
Versus
MUHAMMED NAJMAL, S/O. KUNHAMMED KUTTY – Respondent


Advocates Appeared:
For the Appellant : R.K.MURALEEDHARAN, SMT.ATHIRA A.MENON
For the Respondent: SMT.MEENA.A. SRI.VINOD RAVINDRANATH SMT.M.R.MINI, SRI.ASHWIN SATHYANATH, SRI.K.C.KIRAN, SRI.M.DEVESH

JUDGMENT :

Anil K.Narendran, J.

1. The appellant is the defendant in O.S.No.111 of 2017 on the file of the Subordinate Judge’s Court, Kozhikode. The respondent-plaintiff filed the said suit for recovery of an amount of Rs.74,20,200/-from the defendant, together with interest at the rate of 12%. By the judgment dated 16.03.2019, the trial court decreed the suit and the defendant was held liable to pay an amount of Rs.83,10,400/-with 12% interest from the date of suit to the date of decree and thereafter, 6% interest till realisation. As per the decree, the plaintiff is entitled to realise the said amount from the assets of the defendants, both movable and immovable. The defendant was held liable to pay cost to the plaintiff. Challenging the judgment and decree of the trial court, the appellant-defendant is before this Court in this appeal.

2. On 05.07.2019, when this appeal came up for admission, this Court admitted the matter on file and issued notice to the respondent-plaintiff. This Court granted an interim order in I.A.No.1 of 2019, staying the execution of the decree, for a period of three months, on the condition that the appellant shall furnish sufficient security for the decr

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