JUDGMENT

Aggrieved and displeased with Ext.P6 order passed by the Court of the Subordinate Judge, Kochi (Trial Court) in E.P No.25/2018 in O.S. No.190/2010, the judgment debtor before the court below has filed the original petition. The respondent is the decree holder.

2. The antecedent facts leading to Ext.P6 order, in a narrow compass, are: the respondent had filed the suit against the petitioner for a decree of specific performance with an alternative relief for realisation of the advance sale consideration. The Trial Court decreed the suit by Ext.P1 judgment granting a decree of specific performance. The petitioner challenged the judgment and decree in RFA No.78/2014 before this Court. By Ext.P3 judgment, this Court partly allowed the appeal and modified the judgment and decree of the Trial Court, by permitting the respondent to recover from the petitioner an amount of Rs.55,00,000/- with interest. The parties were directed to bear the respective costs in the appeal. Even though Ext.P3 judgment was further challenged before the Honourable Supreme Court in SLP No.12887/2018, the same was dismissed. The respondent then laid the decree to execution by filing E.P. No.25/2018 (Ext.P4)