Yohannan v. Shajan
Case brief
What is this about?
Appeal against an order dismissing an application to set aside an auction sale of property purchased by the decree holder's counsel. Court allowed appeal on terms, setting aside the impugned order to enable the appellant to adduce evidence regarding proper publication, directing a penalty payment.
What did the court decide?
Impugned order set aside; appellant directed to pay Rs. 5,000 to respondent within one month to avail opportunity for evidence.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMAN
&
THE HONOURABLE MR. JUSTICE P.BHAVADASAN
MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931
FAO.No. 61 of 2003()
AGAINST THE ORDER DATED 29/06/2002 IN EA.702/01 IN EP.84/99 IN OS.695/1995 of PRL.SUB COURT,IRINJALAKUDA
APPELLANT/DEFENDANT/JUGMT.DEBTOR/PETITIONER:
YOHANNAN, S/O. VARIKKASSERY OUSEPH, MUTHRATHIKARA DESOM, PARAPUKARA VILLAGE, MUKUNDAPURAM TALUK.
BY ADV. SRI.C.A.CHACKO
Issues for consideration
2 issues framed by the court
Whether there was proper publication of notice for the sale of the judgment debtor's property.
Whether the appeal should be allowed solely on terms without remanding for evidence on the sale amount.
Parties & counsel
- appellant
Yohannan
- respondent
Shajan
- respondent
Thomas
Coram
Case details
As recorded by the court registry
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