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2024 Supreme(Ker) 829

EASWARAN S.
SHYAMALA W/O BALAN – Appellant
Versus
VILASINI VIJAYAN D/O GOVINDAN – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: GRASHIOUS KURIAKOSE, GEORGE MATHEWS.
For the Respondent: K.P. HAREENDRAN.

JUDGMENT :

1. The legal representatives of the defendant in O.S.No. 18/2004 of the Additional Subordinate Court, Thalassery are the petitioners before this Court. The suit was filed for a decree of specific performance of sale agreement and in the alternative, for the return of the advance amount with interest and costs from the defendant. Originally, the suit was dismissed by judgment and decree dated 31.07.2009. Aggrieved by the judgment and decree, R.F.A.No. 773/2009 was filed by the plaintiffs. By Ext.P1 judgment dated 21.11.2016, this Court set aside the dismissal of the suit and remanded the matter back for consideration by the trial court with the plaintiff's liberty to amend the plaint appropriately. A liberty was also granted to the plaintiff to implead additional parties if found necessary for a complete and effective adjudication. This was granted, especially in the light of the specific assertion of the defendants by pleading discharge of the amount borrowed by him from the plaintiff. After the remand of the suit by Ext.P1 judgment, the plaintiff sought amendment of the plaint. Accordingly, the amendment was granted and additional pleadings were incorporated after paragr

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