Disposed

State of Kerala v. Valliyammal and Others

Kerala HC20 Nov 2007CRP/299/2007

Case brief

AI extract

What is this about?

The High Court of Kerala in a civil revision permitted the setting aside of a confirmed sale of a small extent of property held by a civil station. The judgment debtor (Government) was granted two months to deposit the decree amount, expenses, and six percent interest. Upon payment, the sale stands set aside; otherwise, execution proceeds.

What did the court decide?

Government granted two months to deposit decree amount, expenses, and 6% interest; upon payment, sale set aside.

State of Kerala Vs Valliyammal and Others — Execution and Attachment | Kerala HC (2007)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE M.N.KRISHNAN

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TUESDAY, THE 20TH NOVEMBER 2007 / 29TH KARTHIKA 1929

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CRP.No. 299 of 2007() --------------------AGAINST THE ORDER DATED 03/01/2005 IN EP.6/2002 IN LAR.378/1982 of SUB COURT,THODUPUZHA

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REVN. PETITIONER: JUDGMENT DEBTOR

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STATE OF KERALA, REP. BY DISTRICT COLLECTOR, IDUKKI.

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BY GOVERNMENT PLEADER SMT. R.BINDU

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RESPONDENTS: DECREE HOLDER

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VALLIYAMMAL, W/O. PERUNNALA PILLAI, KIZHAKKAYIL HOUSE, VALLIYAMATTOM VILLAGE, KUDAYATHOOR (DIED).

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SANKARA PILLAI PERUMAL PILLAI, KIZHAKKAYIL HOUSE, VALLIYAMATTOM VILLAGE, KUDAYATHOOR. (DIED)

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(IT IS WORDED THAT RESPONDENTS 3 TO 6 ARE ALREADY ON THE PARTY ARRAY ARE THE LEGAL REPRESENTATIVES OF DECEASED R2 VIDE ORDER DT. 10/8/04)

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K.P.AYYAPPAN PILLAI PERUMAL PILLAI, KIZHAKKAYIL HOUSE, VALLIYAMATTOM VILLAGE, KUDAYATHOOR.

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K.P.KRISHNA PILLAI PERUMAL PILLAI, KIZHAKKAYIL HOUSE, VALLIYAMATTOM VILLAGE, KUDAYATHOOR.

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K.P.KOMALA VALLIYAMMA, D/O. PERUMAL PILLAI, KIZHAKKAYIL HOUSE, KUDAYATHOOR.

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K.P.BHANUMATHYAMMA, W/O.AYYAPPAN PILLAI, D/O. PERUMAL PILLAI, KIZHAKKAYIL HOUSE, KUDAYATHOOR KARA, VALLIYAMATTOM VILLAGE.

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BY ADV. SRI.K.K.CHANDRAN PILLAI SRI.A.S.SAJUSH PAUL

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THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 20/11/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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M.N.KRISHNAN, J

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=====================

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C.R.P. No.299 OF 2007

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=====================

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Dated this the 20th day of November 2007

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ORDER

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This revision petition is preferred against the order of the Sub Court, Thodupuzha in E.P.No.6 of 2002 in L.A.R.No.378/1982, whereby a portion of the property had been sold for Rs.21,000/- and the matter has been posted for confirmation of sale. This happened in the year 2005. I am informed thereafter that the sale has been confirmed on 17.6.2006 and sale certificate has been issued. There was also an application filed for setting aside the sale which also ended in dismissal. Legally there cannot be much remedy for the State at this stage regarding sale. But the decree holders have submitted before court that they have no objection in setting aside the sale provided the amount due to them plus the expenses incurred by them and the interest at a reasonable rate till the date of payment is given. I am informed that it is a small extent of the property held by a civil station that is sold in auction. It is desirable that sale of such property is averted. Therefore, in order to enable the Government, I give 2 months' time to the Government to deposit the entire decree amount plus the expenses incurred for the sale plus costs plus 6% interest on the sum of Rs.21,000/- from the

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CRP 299/2007 -:2:-

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date of sale till actual payment. If this amount is paid then the sale shall stand set aside and in the absence of such payment, the executing court will

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be at liberty to proceed further in accordance with law.

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C.R.P. is disposed of as above.

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M.N.KRISHNAN, JUDGE

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Cdp/-

State of Kerala v. Valliyammal and Others

Case brief

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State of Kerala v. Valliyammal and Others

Case brief

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