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2023 Supreme(Ker) 903

A. BADHARUDEEN
Thayukutty – Appellant
Versus
Manikandan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: R.Lakshmi Narayan, R.Ranjanie
For the Respondent: Jacob Sebastian, Winston K.V, Anu Jacob, Keerthy Raj

JUDGMENT :

This Regular Second Appeal has been filed under Section 100 r/w Order XLII of the Code of Civil Procedure (for short, ‘the C.P.C.’ hereinafter) against the judgment and decree in A.S.No.114/2016, dated 27.2.2023 on the files of the District Court, Palakkad, arose out of the judgment and decree in O.S.No.852/1999, dated 27.2.2016 on the files of the Additional Munsiff Court, Palakkad.

2. The appellants herein are defendants 1 to 5 and supplemental defendant No.7. Respondents are supplemental defendant No.6 and legal heirs of the original plaintiff.

3. Heard the learned counsel for the appellants and the learned counsel appearing for the respondents.

4. I shall refer the parties in this appeal as 'plaintiff' and 'defendants' for convenience.

5. As per order, dated 1.6.2023, my predecessor admitted this appeal raising the following substantial questions of law:

    Whether the Courts below are justified in holding that Ext.A1 purchase certificate cannot be challenged, placing reliance on Section 72K(2) of the KLR Act, if it be shown on evidence that mandatory proceedings in terms of KLR Act and Rules are not complied in the matter of issuance of Ext.A1?

Whether the Courts below are ri

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