P U K MENON Vs. EXCELADS P LTD

JUDGEMENT

(1.) This R.F. A. is filed against the judgment and decree in O.S. No.479 of 1999 of the Sub Court, Ernakulam. The suit was filed by respondents 1 and 2 for specific performance of an agreement. Appeal is filed by respondents 3 to 9 who got themselves impleaded in the suit. According to the plaintiffs, defendants 1 and 2 executed an agreement in their favour for the sale of the plaint schedule property. The amount under the sale is fixed as Rs.75 lakhs. So, the suit was filed paying the court fee on Rs.75 lakhs. Respondents 3 onwards got themselves impleaded as additional defendants. It was contended by them that they have attached the above property before judgment in suits filed against defendants 1 and 2. According to them, decrees have been obtained against defendants 1 and 2 and hence, they prayed for dismissal of the suit. The Court below by the impugned judgment rejected the case of the appellants and granted a decree as prayed for by the plaintiffs. It is against the above judgment and decree that the appeal has been filed.

(2.) In Para.11 of the appeal memorandum, it is stated as follows:

(3.) We heard learned counsel for the appellants Shri. M.C. Cherian, learned counsel for respondents 1 and 2 Shri. M.A. Firoz and Advocate Shri. V. Giri as Amicus Curiae.