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2010 Supreme(Ker) 244

S.S.SATHEESACHANDRAN
Devassy – Appellant
Versus
Abdulla Koya Haji – Respondent


Advocates appeared:
For the Petitioners:T. Krishnanunni, Senior Advocate, S.A. Saju, Advocate. For the Respondent:V. Chitambaresh, Senior Advocate, K.M. Firoz, Advocate.

Judgment :

Both the writ petition and revision are filed by the second plaintiff in O.S.No.89/08 on the file of the Sub Court, Palakkad. The above suit was one for specific performance of an agreement for sale, and the respondents are the defendants. The writ petition is filed challenging the order passed in Ext.P3 application filed by the defendants by which the learned Sub Judge directed the plaintiffs to deposit the balance sale consideration due within the time limit fixed. Consequent to the non-deposit of the balance sale consideration within the time fixed, as ordered by the court, the suit was dismissed. That order dismissing the suit is challenged in the revision.

2. Short facts germane for consideration in the writ petition and also the revision can be summed up thus:

Ext.P2 agreement dated 26.3.2007 was entered with the defendants by the second plaintiff on behalf of his son, the first plaintiff, who is working abroad, for purchase of the plaint schedule properties. A sum of Rs.75 lakhs out of the sale price fixed was paid when the agreement was entered into fixing a time limit for execution of the sale deed on or before 22.1.2008, on payment of the balance sale considerat









































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