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2025 Supreme(Online)(Ker) 39826

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
MOLLY ABRAHAM – Appellant
Versus
SAMARIAS FINANCE – Respondent


Advocates:
For the Appellants/Petitioners: P.B.KRISHNAN (SR.), N.AJITH, P.B.SUBRAMANYAN, GEETHA P. MENON
For the Respondents: V.S.CHANDRASEKHARAN, NIMMI FRANKLIN, M.V.DAS, S.JAYAKUMAR, LEKSHMI SWAMINATHAN, C.SWAMINATHAN, R.RAJASREE (CHUTTIMATTATHIL), AVM.SALAHUDEEN

J U D G M E N T

Dated this the 23rd day of July, 2025 The plaintiff in OS No.906/1994 on the file of the Sub Court, Ernakulam, is the appellant. (For the purpose of convenience, the parties are referred to as per their rank before the trial court).

2. The plaintiff filed the suit for specific performance of an agreement for sale dated 21.9.1985 executed with defendants 1 and 2. The 1st defendant is a firm and the 2nd defendant is the managing partner and also the husband of the plaintiff. Plaint A schedule property consists of a total extent of 13.138 cents comprised in Sy. No.338/1 of Ernakulam Village. Out of which, plaint B schedule having an extent of 6.481 cents belonged to the 1st defendant firm and C schedule having an extent of 6.657 cents belonged to the 2nd defendant. According to the plaintiff, on behalf of defendants 1 and 2, the 2nd defendant executed the agreement for sale agreeing to sell the A schedule property for a total consideration Rs.4.5 lakhs. According to the plaintiff, on the date of execution of Exhibit A1 itself, the entire sale consideration was paid and on the same day, delivery of possession of the property was also transferred in favour of the plaintif

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