Annamma v. Aliyar
Case brief
What is this about?
The High Court Kerala dismissed a civil revision petition challenging the rejection of a rescission application. The court held that once time was extended for depositing sale consideration under a specific performance decree, the rescission application no longer survived.
What did the court decide?
Revision petition dismissed; order below upheld.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN
THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931
CRP.No. 598 of 2009()
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OS.16/2007 of SUB COURT, MUVATTUPUZHA
REVN. PETITIONER(S)/DEFENDANT:
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ANNAMMA, W/O.PAULOSE, PUKKUNNEL HOUSE, KAVALANGAD KARA, KUTTAMANGALAM VILLAGE.
BY ADV. SRI.K.P.ARAVINDAKSHAN SRI.EBY P.PAUL
RESPONDENT(S)/PLAINTIFF:
Issues for consideration
1 issue framed by the court
Whether there is impropriety or illegality in rejecting the defendant's application to rescind the contract after the time for depositing sale consideration was extended under the decree.
Parties & counsel
- petitioner
Annamma, W/O. Paulo
- respondent
Aliyar, S/O. Moideen
Coram
S.S. Satheesachandran
Case details
As recorded by the court registry
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