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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
ITTY PANICKER – Appellant
Versus
RAJAPPAN – Respondent
| Table of Content |
|---|
| 1. definition of the case context and the preceding actions taken by the parties. (Para 1 , 2) |
| 2. arguments surrounding the maintainability of the subsequent suit. (Para 3 , 4 , 5 , 6) |
| 3. court's examination of legal precedents and provisions relevant to the case. (Para 7 , 8 , 9 , 10) |
| 4. conclusion drawn on the applicability of previous decisions to current facts. (Para 11) |
| 5. final decision and instructions for the outcome of the appeal. (Para 12 , 13 , 14) |
JUDGMENT
The defendants in a suit for specific performance have come up with the appeal against the concurrent findings rendered by the courts below on the ground that the present suit is hit by the provisions of Order II Rule 2 of the Code of Civil Procedure .
2. The brief facts necessary for the disposal of the appeal are as follows:-
An agreement of sale was entered into between the plaintiff and the defendants on 15.07.2009 fixing 8 months for performance. An extent of 17 ¼ cents of land included in Re-survey No.313/5/2 of Ezhukone Village was the subject matter of the agreement for the sale for a total sale consideration of Rs.12,75,000/-. Defendants 1 and 2 received a sum of Rs.4 lakhs as advance from the plai
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