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2022 Supreme(Ker) 37

A.BADHARUDEEN
K. Jayarajan S/o Padmanabhan Nair – Appellant
Versus
Sambasivan S/o P. C. Narayanan – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: T. Krishnanunni, Vinod Ravindranath, K.C. Kiran, M.R. Mini, M. Devesh, Ashwin Sathyanath, Anish Antony Anathazhath, Thareeq Anver, Meena A.
For the Respondent: R. Bindu.

ORDER :

1. The appellants in C.M.A. No. 31/2019 on the file of the District Court, Kozhikode have filed this Civil Revision Petition under Section 115 of the C.P.C. In C.M.A. No. 31/2019, the petitioners herein challenged the dismissal of E.A. No. 425/2018 in E.P. No. 494/2017 in O.S. No. 93/2014 on the file of the Additional Sub-Court, Kozhikode. The sole respondent herein is the decree holder in the above suit.

2. Heard both sides in detail and perused the lower Court records.

3. The relevant facts for the determination of the case are under:

    The decree holder herein filed a suit for the specific performance of an agreement for the sale of 5 cents of property. The matter was settled in the Adalath and the petitioners/defendants in the suit agreed to pay a sum of Rs. 6,50,000/-. Since the judgment debtors failed to pay the amount as per the award passed in the Adalath, E.P. No. 494/2017 was filed. In execution of the decree, the property offered to be sold was proceeded and thereafter the decree holder auctioned the property. Sale confirmed and sale certificate also was issued.

4. E.A. No. 425/2018 was filed by the judgment debtors to set aside the sale under Order XXI Rule 90 C.P.C. T

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