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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Easwaran S., J
SHAMSUDEEN – Appellant
Versus
SHAJI – Respondent
| Table of Content |
|---|
| 1. overview of the case and procedural history. (Para 2) |
| 2. arguments concerning the attachment application. (Para 5 , 6) |
| 3. court's observations on the trial court's error. (Para 8 , 9) |
| 4. court's directive for consideration of ongoing suit. (Para 10) |
| 5. final ruling and instructions regarding the suit. (Para 11) |
J U D G M E N T
This appeal arises out of the order dated
13.09.2023 in I.A No.1 of 2020 in O.S No.38 of 2020 on the files of the Sub Court, Neyyattinkara.
2. The brief facts necessary for the disposal of the appeal are as follows:-
O.S No.38/2020 is a suit for realization of money, preferred by the appellant / plaintiff as per an agreement of sale dated 26.11.2019, the plaintiff agreed to purchase the property for an amount of Rs.5,25,000/- (Rupees Five Lakhs Twenty Five Thousand Only) per cent and an amount of Rs.40,00,000/- (Rupees Forty Lakhs Only) paid as advance to the 1st defendant. The period for performance of the agreement was fixed as five months and three days, which would have expired on 30.04.2020. Thereafter the plaintiff paid a further amount of Rs.40,00,000/- to the 2nd defendant on 29.04.2020. On the same date, the 2nd defendant executed a sale de
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