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2022 Supreme(Ker) 1032

V. G. ARUN
Narayana Pisharadi, S/o. Late Dr. Sarojini Pisharassiar – Appellant
Versus
Stancash Chits (P) Ltd. – Respondent


Advocates Appeared:
For the Petitioner: N.M. Madhu, C.S. Rajani.
For the Respondent: Liji. J. Vadakedom, Rajeev Jyothish George, Tom E. Jacob, Rexy Elizabeth Thomas.

JUDGMENT :

The petitioners are defendants 3 to 6 in O.S.No.4 of 2021 pending on the files of the Principal Sub Court, Thrissur. The first respondent herein has filed the suit seeking a decree for recovery of an amount of Rs.57,50,000/- with 18% interest from the defendants, charged on the plaint schedule property. As per the averments in the plaint, defendants 1 and 2 had joined a kuri conducted by the plaintiff and had availed the prized kury amount after executing necessary documents. Later, when the plaintiff demanded more security for the amount, the title deed of the first petitioner was deposited and an equitable mortgage created by deposit of title deeds. Defendants 1 and 2 are not made parties to this original petition. The first petitioner is the third defendant in the suit. Petitioners 2 to 4 are arrayed as defendants 4 to 6, alleging that, subsequent to the deposit of title deeds, first petitioner had created a settlement deed in their favour. The petitioners' case before the trial court is that the third respondent is suffering from bipolar disease and had entered into a sale agreement with one Hammeed. Although the agreement was terminated subsequently, the title handed

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