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2023 Supreme(Online)(KER) 28085

HIGH COURT OF KERALA
ANIL K. NARENDRAN, A. BADHARUDEEN, JJ
NIRMALA – Appellant
Versus
SUNDARESAN (DECEASED) – Respondent


Advocates:
SRI.M.R.RAJESH, SMT.E.S.SANDHYA, P.ANIYAN, K.JAGADEESH, PRIYA NAIR, V.RENJU, SRI VAKKOM N.VIJAYAN

J U D G M E N T

A.BADHARUDEEN, J.

This appeal sprang up from the order in E.A.No.77/2014 in E.P.No.8/2008 in O.S.82/2004 on the files of the Sub Court, Attingal. The appellants are the legal representatives of one Gopinathan, S/o.Padmanabhan, who originally filed E.A.No.77/2014 as a third party seeking the relief to set aside the sale conducted in E.P.No.8/2008 in O.S.No.82/2004 on 14.06.2010 and confirmed on 16.08.2010.

2. The respondents herein are the decree holder/auction purchaser and the judgment debtors in the above E.P. During pendency of this appeal, the 1st respondent died and his legal heirs got impleaded as additional respondents 5 and 6.

3. Heard the learned counsel for the appellants as well as the learned counsel appearing for the 1st respondent in detail. Perused the lower court records and the relevant decisions on the point, including the decisions placed by both sides.

4. Shown off unnecessary embellishments, the facts of the case are as under:

Sundareshan, the 1st respondent herein filed Suit - O.S.No.82/2004, before the Sub Court, Attingal and obtained decree to realise an amount of Rs.1,44,450/- with 6% interest from respondents 2 to 4 herein on 31.05.2007. The prop

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