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2026 Supreme(Online)(Ker) 2772

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. SATHISH NINAN, MR. P. KRISHNA KUMAR, JJ
KARAKUNNATH MAHAMOOD – Appellant
Versus
THOVARAYI BABU – Respondent


Advocates:
For the Appellants/Petitioners: SRI.R.RAMADAS, SRI.C.A.ANOOP, SRI.K.P.SUDHEER
For the Respondents: SRI.T. KRISHNANUNNI

JUDGMENT

Sathish Ninan, J.

These appeals arise from the decree in a suit for specific performance of an agreement for sale. The suit was decreed by the trial court. RFA 428/2019 is filed by the 4thdefendant, RFA 219/2025 is filed by the third defendant, and RFA 220 of 2025 is filed by defendants 1 and 2.

2. The plaintiffs are brothers. The second defendant is the wife of the first defendant. The third defendant is the brother of the first defendant. The fourth defendant is the alienee of the plaint schedule properties.

3. On 27.04.2007, the first defendant, on his behalf and on behalf of defendants 2 and 3, entered into Ext.A1 agreement for sale with the first plaintiff. Under Ext.A1, the plaint schedule properties, four in number, were agreed to be conveyed by defendants 1 to 3 in favour of the first plaintiff. The period fixed was two months. The total consideration fixed was ₹ 47.5 lakhs. On the date of Ext.A1 an amount of ₹ 4 lakhs was paid towards advance sale consideration. Thereafter, on 07.05.2007, a further amount of ₹ 2.5 lakhs was paid towards sale consideration. Such payment is undisputed and is evidenced by Ext.A2 receipt. According to the plaintiffs, subsequently, an amou

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