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2022 Supreme(Ker) 416

C. S. DIAS
Precious Blood Missionaries – Appellant
Versus
Nishanth Luize, S/o M. J. Luize – Respondent


Advocates:
Advocate Appeared:
For the Appellant : J.JULIAN XAVIER, RAJU JOSEPH (SR.), SRI.FIROZ K.ROBIN
For the Respondent: T.KRISHNANUNNI (SR.), MEENA.A., VINOD RAVINDRANATH, M.R.MINI, ASHWIN SATHYANATH, K.C.KIRAN, M.DEVESH
THAREEQ ANVER K., ANISH ANTONY ANATHAZHATH

JUDGMENT :

How is Ext.P2 judgment to be interpreted to calculate costs, is the short question for consideration in this original petition?

2. The petitioners’ case, in a nutshell, relevant for the determination of the original petition is that they are the defendants in O.S.No.35/2014, filed by the respondent, before the Court of the Additional Subordinate Judge, North Paravur, for a decree to direct the petitioners to execute the registered sale deed in respect of the plaint schedule properties or alternatively to permit the respondent to recover from the petitioners an amount of Rs.6,36,00,000/-with interest. The respondent had filed Ext.P1 plaint, inter alia, contending that the petitioners had agreed to sell their properties having an extent of 285.13 ares of land in Alangad village, elaborately described in the schedule appended to the plaint, to the respondent for an amount for Rs.1,75,000/-per cent. Pursuant to the agreement of sale dated 15.04.2011 entered into between the parties, the respondent had paid the petitioners an advance sale consideration of Rs.1,00,00,000/-on different dates. Albeit the requests made by the respondent to the petitioners, they willfully refused to

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