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2024 Supreme(Ker) 880

KAUSER EDAPPAGATH
Krishnan Ezhuthassan (Died), S/o. Vadakkoot Nelliparambil Raman Ezhuthassan – Appellant
Versus
Joseph, (Died, Lrs Impleaded) S/o. Mambra Kurian – Respondent


Advocates Appeared:
For the Parties : Sri. D. Anil Kumar, Sri. G. Sreekumar (Chelur), Sri. K.B. Gangesh, Sri. V.V. Asokan Sr., Sri. K.R. Arun Krishnan, Sri. M. Devesh, Sri. Johnson K. Kurien, Sri. T. Krishnanunni Sr., Sri. K.C. Kiran, Sri. K.I. Mayankutty Mather Sr., Smt. Meena A., Sri. T.G. Rajendran, Sri.Vinod Ravindranath, Sri. Vinay Mathew Joseph, Smitha Chathanarambath, Sri. T. Sethumadhavan Sr., Sri. Mayankutty Mather, Sri. P. Rahul, T.K. Sreekala.

ORDER :

(Kauser Edappagath, J.) :

These revision petitions have been filed challenging the common order passed by the IInd Additional Sub Court, Thrissur (for short, “the trial court”) in IA Nos. 4636/1999, 3842/1999, and 4374/1999 in OS No. 1221/1993.

2. The suit was one for specific performance of a contract. The property involved in the suit, having an extent of 34 Acres, admittedly belonged to the defendants 1 to 8. As per Ext.B1 sale agreement, defendants 1 to 8 agreed to sell the property to the plaintiff and the 10th defendant jointly for a consideration calculated @ Rs.822.50 per cent. Since the defendants failed to perform their part of the contract, the plaintiff instituted the suit. The suit was decreed as per the judgment dated 19/6/1999. There was no appeal, and the decree has become final. The decree is as follows:

    “a) Defendants 1 to 8 are directed to execute sale deed in respect of plaint schedule property jointly in favour of plaintiff and 10th defendant after getting balance sale consideration of Rs.23,51,196.20.

b) If the defendants 1 to 8 fail to execute sale deed after receiving balance sale consideration within a period of one month from this date, plaintiff and 10

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