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2010 Supreme(Online)(KER) 35215

HIGH COURT OF KERALA
THOMAS P.JOSEPH, J
BINU KRISHNAN – Appellant
Versus
AYYAPPAN PILLAI – Respondent


O R D E R

These revisions under Sections 115 of the Code of Civil Procedure (for short, “the Code”) and Petition under Article 227 of the Constitution arise from orders passed by the learned Additional Munsiff-II, Neyyattinkara on various applications preferred by the petitioners in the revisions in E.P. No.80 of 1979 in O.S. No.67 of 1957 of that court. Judgment debtors, aggrieved by the respective orders against them have filed the revisions while additional decree holder No.3 who is respondent No.1 in the revisions has filed W. P(C) No.28525 of 2010 aggrieved by that part of the order against him. Parties are referred to as petitioners (in the revisions) and respondent No.1 (petitioner in the Writ Petition).

2. Punnakkulathu tarwad, in Neyyattinkara Taluk owned large extent of properties. While so, Easwara Pillai Krishna Pillai of the tarwad created mortgage over a plot of land called “Charivuvila Purayidom” comprised in Sy.No.478/1B and belonging to the said tarwad in favour of one Padmanabhan Ummini as per a registered document dated, 14.01.1095 M.E. (marked Ext.P9 in the Writ Petition) and described as an ‘Otti Kuzhikanam Adharam’. Though extent of the property mortgaged is no

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