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2016 Supreme(Online)(KER) 3032

HIGH COURT OF KERALA
P.SOMARAJAN, J
ANNIE VARGHESE – Appellant
Versus
AVARACHAN    Advocate - G SREEKUMAR (CHELUR) ,G SREEKUMAR (CHELUR – Respondent


O R D E R

The revision petition is against the judgment dated

22.05.2014 in C.M.A.No.39/2011 of Additional District Court, Thrissur in E.A.No.587/2010 in E.P.No.287/2008 in O.S.No.247/2007 of the Sub Court, Irinjalakuda, dated

13.12.2010.

2. The facts involved in the case is as follows:

A suit for recovery of money based on a contract for sale dated 04.10.2006 alleged to have entered into between the plaintiff and defendants, instituted before the Sub Court, Irinjalakuda. The sale consideration agreed in that contract for sale comes to Rs.7,50,000/-. An amount of Rs.1,50,000/- was received by way of advance out of the sale consideration. Subsequently, the suit was settled in Adalath, wherein, an award was passed agreeing to repay an amount of Rs.1,54,000/-

with 6% interest right from 04.10.2006 and also charged on the property which is the subject matter of the contract for sale. While so, the son of the defendants met with a road traffic accident on 25.12.2006 and he had undergone treatment in Kasturba Medical College Hospital, Manipal and some other hospital and he was lying in a coma stage. He attained normality only in the year 2010. So, the defendants could not repay the decree amou

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