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2024 Supreme(Online)(KER) 384

HIGH COURT OF KERALA
T. R. Ravi, J
VIMALA SATHEESH – Appellant
Versus
SABU JOSE – Respondent


Advocates:
SRI V.S.BABU GIREESAN, SMT.K.PREETHA JOHN, SRI LIJI J VADAKKEDOM, SRI P.C. HARIDAS PULICKAL CHANDRASEKHARA PILLAI, SRI P.S.GOVIND(K/000824/2022), SRI TOM E. JACOB(K/1144/2001), MS.REXY ELIZABETH THOMAS(K/635/1995), SRI ATHUL V. VADAKKEDOM(K/003544/2022)

JUDGEMENT

The second appeal has been filed by the plaintiffs in a suit praying for setting aside Sale Deed No.431/2010 of SRO, Kanjirappally, having lost their cause before the trial court and the First Appellate Court. The parties are referred to by their status in the suit.

2. The plaint schedule property originally belonged to the husband of the 1st plaintiff, the late Satheesh. According to the plaintiffs, due to financial difficulties, Satheesh had to execute a sale deed as security for amounts borrowed from the 1st defendant. It is stated that even though a document was executed, the possession remained with deceased Satheesh and the plaintiffs, and the 1st defendant did not get possession of the property. It is alleged that Satheesh committed suicide owing to a threat from the 1st defendant on account of not being put in possession, and thereafter the 1st defendant transferred the property to defendants 2 & 3. It is alleged in the plaint that the sale deed was executed by playing fraud upon Satheesh and the sale is liable to be set aside. It would appear from the averments in the plaint and the evidence of PW1 that the possession had been taken by the defendants. The plaint wa

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