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2019 Supreme(Online)(KER) 65583

HIGH COURT OF KERALA
SHIRCY V., J
T.GANGADHARAN NAMBIAR – Appellant
Versus
T.K.DEVAKI, – Respondent


Advocates:
SRI.P.M.PAREETH SRI.MOHAMMED SHAMEEL SRI.M.V.AMARESAN SRI.V.N.RAMESAN NAMBISAN

JUDGMENT

The defendants in O.S. No. 142 of 1997 on the file of Sub Court, Thalassery are the appellants. The suit was filed for realization of money by the respondents/plaintiffs. The said suit was decreed by the judgment and decree dated 19.10.2007. The said verdict is under challenge.

2. The parties are referred to as the 'plaintiffs'

and the 'defendants'.

3. Briefly stated the facts of the case are as follows:

The original plaintiff was conducting a travel agency under the name and style 'Neelima Tours and Travels' at Kannur. He was running the said travel agency right from 12.9.1991. The first defendant, a friend approached him along with one Gangadharan Nair and requested him to allow the second defendant to deal with Visa business as he ( the first defendant ) was a Government servant. The said proposal was accepted by the plaintiff and he started collecting money from job seekers with the help of Gangadharan Nair, the friend of the first defendant. While so, suddenly the plaintiff fell ill and he was admitted in Kasthoorba Medical College Hospital, Manipal for treatment. His health condition deteriorated and he realized that he could not run the business. So, when the first defe

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