Allowed

State of Kerala v. Mrs.Kunjamma

Kerala HC31 Jan 2011CRP/273/2008

Case brief

AI extract

What is this about?

The revision against an order recording full satisfaction in an execution petition was allowed. The court set aside that order to permit parties to file statements on the correct payable amount and get their opportunity to be heard before a fresh disposal.

What did the court decide?

The order recording full satisfaction was set aside, the execution petition restored, and parties permitted to file statements and be heard.

State of Kerala Vs Mrs.Kunjamma — Execution and Attachment | Kerala HC (2011)

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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 K.T.SANKARAN

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MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932

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CRP.No. 273 of 2008() --------------------E.P.NO.614/1989 IN LAR.92/1987 of I ADDL.SUB COURT,ERNAKULAM

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REVN. PETITIONER(S): RESPONDENT

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STATE OF KERALA.

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BY GOVERNMENT PLEADER SRI.B.JAYASURYA

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RESPONDENT(S): PETITIONERS

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MRS.KUNJAMMA, INATTU PUTHENVEETIL, CHENGKARA DESOM, KEERAMPARA VILLAGE, KOTHAMANGALAM TALUK.

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THANKACHAN, INATTU PUTHENVEETIL, CHENGKARA DESOM, KEERAMPARA VILLAGE, KOTHAMANGALAM TALUK.

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MRS.SANTHA GEORGE, KAVANADU VEEDU, KANDANAD DESOM, MANAKUNNAM VILLAGE.

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MRS.BEENA ALIYAS, KADAMATTU VEEDU, MATHIRAPPILLY DESOM, KOTHAMANGALAM VILLAGE.

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ADV. SRI.K.J.KURIACHAN FOR R3

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THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 31/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.T.SANKARAN, J.

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C.R.P.No.273 of 2008 G

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Dated this the 31^st day of January, 2011

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O R D E R

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The revision is filed against the order dated 15^th December, 2004 in E.P.No.614 of 1989 in L.A.R.No.92 of 1987 on the file of the Sub Court, Ernakulam, by which full satisfaction was recorded in the Execution Petition. The case of the petitioner is that there is excess payment.

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Learned counsel appearing for the respondents submitted that let both parties to be permitted to file statements, so that the executing court would be able to arrive at the correct conclusion as to the amount payable to the respondents. It is submitted by the learned counsel for the respondents that for that purpose, the respondents have no objection to set aside the order passed by the court below.

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CRP No.273 of 2008 G 2

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Accordingly, the order impugned, by which full satisfaction was recorded, is set aside. The other part of the order by which the sale was set aside is not being interfered with. The Execution Petition shall stand restored. Both parties would be entitled to file statements showing the correct amount due in the Execution Petition and both parties would be entitled to get an opportunity of being heard. The executing court shall dispose of the matter afresh.

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K.T.SANKARAN

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csl

State of Kerala v. Mrs.Kunjamma

Case brief

What is this about?

What did the court decide?

State of Kerala v. Mrs.Kunjamma

Case brief

What is this about?

What did the court decide?

What the court decided

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