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2023 Supreme(Online)(KER) 9125

HIGH COURT OF KERALA
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
MOHAMMED MOIDEEN – Appellant
Versus
MABEN NIDHI LTD – Respondent


Advocates:
G.SREEKUMAR (CHELUR), SRI.V.B.UNNIRAJ, SMT.R.S.GEETHA, SMT.K.SEEMA, SMT.P.ANITHA

JUDGMENT “C.R.

P.G. Ajithkumar, J.

The appellant has filed E.A.No.844 of 2019 in E.P.No.51 of 2017 in Arbitration Case No.18 of 2015 for setting aside the sale held on 21.05.2005 selling 4.05 Ares of land comprised in Sy.No.176/3 of Vadanappally Village belonging to him. That petition was dismissed by the III Additional District Judge, Thrissur as per the order dated 20.11.2020. The said order is under challenge in this appeal filed under Order XLIII, Rule

1(j) of the Code of Civil Procedure, 1908 .

2. After the appearance of the respondent, the matter was referred for mediation as per the order dated 11.02.2021. The mediation took place in the Ernakulam Mediation Centre, High Court of Kerala was unsuccessful.

3. Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent.

4. The appellant would contend that 4.05 Ares of land along with a double-storied building was sold for a meagre amount of Rs.7,50,100/-; whereas the said property worths Rs.65 lakhs. It is alleged that the proclamation schedule was drawn up without mentioning about the building thereon even and stating a low price. It is also alleged that there was no proper proclamati

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