Shaji Jose v. Raju
Case brief
What is this about?
The Kerala High Court appealed against the trial court's award of 18% interest in a specific performance suit where specific performance was denied. The High Court modified the interest to 12% pendant lite and 6% thereafter.
What did the court decide?
Appeal allowed in part; interest modified to 12% pendant lite and 6% thereafter; original decree modified accordingly.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
RFA NO. 50 OF 2021
AGAINST THE JUDGMENT AND DECREE IN OS 1594/2012 DATED 17.10.2017 OF PRINCIPAL SUB COURT, THRISSUR
APPELLANT/LEGAL HEIR OF THE DEFENDANT:
SHAJI JOSE AGED 50 YEARS S/O.LATE JOSE, ALUKKA HOUSE, PADAVARAD DESOM, OLLUR VILLAGE, OLLUR P.O., THRISSUR TALUK, THRISSUR DISTRICT, PIN-680306.
BY ADV ARUN ASHOK IYYANI
RESPONDENTS/PLAINTIFF & LEGAL HEIRS OF THE DEFENDANT:
1 RAJU AGED 61 YEARS S/O.KOLLARA MAMU, KOLLARA HOUSE, CHERKARA DESOM, THALIKKULAM P.O., NATTIKA VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN-680569, REPRESENTED BY POWER OF ATTORNEY HOLDER DINESHKUMAR, AGED 45, S/O.PONNEMPALAN MADHAVAN, PONNEMPALAN HOUSE, MARATHAKKARA DESOM, MARATHAKKARA VILLAGE, MARATHAKKARA .P.O., THRISSUR TALUK, THRISSUR DISTRICT, PIN-680320.
Issues for consideration
1 issue framed by the court
Whether 18% interest awarded by the trial court violates Section 34(1) CPC in a specific performance suit.
Parties & counsel
- appellant
Shaji Jose
- respondent
Raju
- respondent
Telma Jose
- respondent
Mini
- respondent
Reena
Case details
As recorded by the court registry
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