Remanded

K.S.E.B. v. Aleyamma Thomas

Kerala HC1 Feb 2008CRP/686/2006

Case brief

AI extract

What is this about?

This revision petition challenged a sale confirmation order. The Court observed the judgment debtor deposited the decree amount. It directed the trial court to verify the full deposit, while noting the judgment debtor must deposit an additional 5%. The Court fixed a date for parties to appear and set aside the sale upon satisfaction.

What did the court decide?

Directed the Court below to consider full deposit of decree amount and 5% by debtor, then set aside sale if satisfied; parties to appear.

K.S.E.B. Vs Aleyamma Thomas — Execution and Attachment | Kerala HC (2008)

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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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FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929

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CRP.No. 686 of 2006 ----------------------------(LAR.53/1994 OF SUB COURT,THODUPUZHA) ....................

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REVN. PETITIONER/ JUDGMENT DEBTOR:

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KERALA STATE ELECTRICITY BOARD, REP. BY IT'S SECRETARY, VAIDHYUTHI BHAVAN, THIRUVANANTHAPURAM.

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BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB.

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RESPONDENTS/ RESPONDENTS:

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------------------------------------------------

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1. ALEYAMMA THOMAS, D/O.K.P.THOMAS, KULIRANKAL HOUSE, THODUPUZHA, THODUPUZHA VILLAGE, THODUPUZHA TALUK.

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

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R2 SR. GOVERNMENT PLEADER SRI. M.R. SABU, R1 BY ADV. SRI.H.SIVARAMAN, ADV. SRI.MATHEW CHERIAN.

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THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 01/02/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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= = = = = = = = = = = = = = C.R.P. NO. 686 OF 2006 = = = = = = = = = = = = = = = Dated this the 1^st day of February, 2008.

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This revision petition is preferred against the award of the Subordinate Judge, Thodupuzha whereby the sale was confirmed and sale certificate was ordered to be issued. Now, it is that order which is under challenge. The Kerala State Electricity Board who has to pay the amount through the State of Kerala has agreed to pay the decree amount which the decree holder is entitled to get in law. It is submitted that the entire amount is deposited. It is a matter that has to be looked into by the Court below. Therefore I direct the Court below to consider whether the entire amount has been deposited and if it is so as stipulated in the Code of Civil Procedure the judgment debtor also may have to deposit 5% of the amount as stipulated under Order 21 of CPC. Further, when the entire decree amount is deposited the

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CRP NO. 686 of 2006

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-:2:-

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Court can set aside the sale and record full satisfaction of the

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matter. For this purpose parties are directed to appear before the Court below on 1.3.2008.

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The C.R.P. is disposed of accordingly.

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M.N. KRISHNAN, JUDGE.

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ul/-

K.S.E.B. v. Aleyamma Thomas

Case brief

What is this about?

What did the court decide?

K.S.E.B. v. Aleyamma Thomas

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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