The High Court set aside the impugned sale order and allowed the execution application filed by the petitioner. The court accepted the submission that the decree holder had withdrawn deposited amounts based on a compromise.
Set aside the impugned orders and allow E.A. No.339/06 for setting aside sale.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE
FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930
WP(C).No. 3532 of 2007(U)
------------------------AGAINST THE ORDER DATED 27/09/06 IN EP 258/2004 IN OS.192/2003 of MUNSIFF COURT, OTTAPPALAM
PETITIONER(S):
P.P.HAMSA, AGED 52 YEARS, S/O.PUTHEN PEEDIKAYIL MUHAMMED, KARAKKAD AMSOM AND DESOM, OTTAPPALAM TALUK.
BY ADV. SRI.SANTHEEP ANKARATH
RESPONDENT(S): ---------------
K.S.RAGHUNATHAN, AGED 30 YEARS, PROPRIETOR, DEVI FINANCE TRUST, KULAPPULLY AMSOM AND DESOM, OTTAPALAM TALUK.
ADV. SRI.E.R.VENKATESWARAN FOR R1 SRI.R.SREEHARI FOR R1
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX;-
EXT.P1 TRUE COPY OF EP.258/04 IN OS.192/03 OF THE MUNSIFF'S COURT, OTTAPPALAM.
EXT.P2 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER TO THE EXECUTION PETITION DT. 10-11-04.
EXT.P3 TRUE COPY OF THE OBJECTION TO THE DRAFT SALE PAPERS DT. 20-6-05.
EXT.P4 TRUE COPY OF THE PETITION DT. 25-5-06 FOR SETTING ASIDE THE SALE.
EXT.P5 TRUE COPY OF THE COUNTER STATEMENT DT. 30-6-06
EXT.P6 TRUE COPY OF THE AFFIDAVIT IN SUPPORT OF THE PETITION FILED UNDER SECTION 47 AND 151 C.P.C. DT. 17-7-206
EXT.P7 TRUE COPY OF THE COUNTER DT. 25-7-06
EXT.P8 TRUE COPY OF THE COMMON ORDER DT. 27-9-2006 IN EA.NO.339 OF 2006 AND EA.477 OF 2006 IN EP.258 OF 2004 IN OS.192 OF 2003 OF THE MUNSIFF'S COURT, OTTAPPALAM.
//TRUE COPY//
PS TO JUDGE.
PIUS C. KURIAKOSE, J.
W.P.(C)No. 3532 OF 2007
Dated this the 30th day of January, 2009
J U D G M E N T
Mr.Santheep Ankarath, learned counsel for the petitioner judgment debtor submits that the amounts which were deposited by the judgment debtor were actually withdrawn by the decree holder respondent on the basis of a compromise arrived at between the parties. Accepting the above submission I set aside the impugned orders and allow E.A. No.339/06 filed by the petitioner under Rule 90 of Order 21 C.P.C. for setting aside sale. The writ petition is disposed of.
(PIUS C.KURIAKOSE, JUDGE)
1 issue framed by the court
Whether the impugned sale order should be set aside on the facts of the case.
1 provisions across 1 enactments
P.P.HAMSA
K.S.RAGHUNATHAN
PIUS C KURIAKOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
