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2016 Supreme(Ker) 772

Krishnamenon, S/o Illathuparambil Parameswara Menon – Appellant
Versus
Pradeep Kumar, S/o Mangattu Veettil Parameswaran Nair – Respondent


Advocates Appeared:
For the Appellant :Sri. K.S. Madhusoodanan and Sri. C.P. Peethambaran, Advocates.
For the Respondents:Sri. Dinesh R. Shenoy, Advocate, Sri. R.D. Shenoy (Sr.), Advocate, Sri. T.R. Aswas, Advocate, Sri. Anil Kumar Sreedharan, Advocate.

JUDGMENT :

Anil K. Narendran, J.

The appellant is the plaintiff in O.S.No.190/97 on the file of the Additional Subordinate Judge's Court, North Paravur, a suit for realisation of advance sale consideration of Rs. 2,00,000/- paid to the 1st defendant together with interest at the rate of 18% per annum from the defendants, with charge on the plaint schedule property. The trial court by the judgment dated 15.1.2001 decreed the suit in part, allowing the plaintiff to realise a sum of Rs. 2,29,000/- together with interest at the rate of 18% per annum from the date of suit till the date of decree and thereafter at the rate of 6% per annum till realisation with costs from the 1st defendant and his assets. Challenging the judgment and decree of the trial court to the extent of holding the 2nd defendant a bona fide purchaser and declining charge on the plaint schedule property in the hands of the 2nd defendant for the purchase money paid to the 1st defendant, the plaintiff is before this Court in this appeal.

2. We heard the arguments of the learned counsel for the appellant/plaintiff, the learned counsel for the 1st respondent/1st defendant and also the learned Senior Counsel for the 2nd resp








































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