Dismissed

Revi v. Mukattukara Catholic Company Limited

Kerala HC3 Feb 2011OP(C)/469/2011

Case brief

AI extract

What is this about?

The Kerala High Court dismissed an original petition challenging the maintainability of execution applications filed under Sections 47 and Order 21 Rules 90/92 CPC. The court held that the original petition was not maintainable, directing the petitioner to seek remedies through revision and appeal respectively.

What did the court decide?

Original Petition dismissed without prejudice to right to file revision and appeal.

Revi Vs Mukattukara Catholic Company Limited — 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 THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932

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OP(C).No. 469 of 2011(O)

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-----------------------( EP 206/2007 IN OS.137/2005 of II ADDL.SUB COURT,THRISSUR

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PETITIONER:

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

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REVI, AGED 46 YEARS, S/O.PERUVALLUR KUNJUNNY, CHAVAKKAD DESOM, ANNAKARA VILLAGE, CHAVAKKAD TALUK.

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BY ADVS. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN

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SRI.RAJAN VELLOTH SRI.SEBIN THOMAS

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RESPONDENTS:

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

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1. MUKATTUKARA CATHOLIC COMPANY LIMITED, NETTISSERY VILLAGE, THRISSUR TALUK-680 508.

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2. I.C.SHEELA, D/O.PERUVALLUR KUNHUNNI, CHAVAKKAD DESOM, ANNAKARA VILLAGE, THRISSUR TALUK . 680508.

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3. V.V.SHAJI, W/O.LATE K.S.ANIL KUMAR, KANNOLY HOUSE, P.O.OLLUKKARA, THRISSUR DISTRICT-680 655.

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4. MINOR SARANJITH, REP.BY MOTHER V.V.SHAJI KANNOLY HOUSE, P.O.OLLUKKARA, THRISSUR DISTRICT.

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5. MINOR ARYA, REP.BY MOTHER V.V.SHAJI, KANNOLY HOUSE, P.O.OLLUKKARA, THRISSUR DISTRICT. 680 655.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK

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K.T.SANKARAN, J .

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O.P(C).No.469 OF 2011

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Dated this the 3rd day of February, 2011

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JUDGMENT

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The petitioner, judgment debtor No.3 in EP No.206 of
2007 in OS No.137 of 2005 on the file of the Court of the
Additional Subordinate Judge, Thrissur, challenges the
common order dated 16th February, 2010 in E.A.Nos.1532 of
2009 and 1533 of 2009 in the Execution Petition.

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2. E.A.No.1532 of 2009 was filed by the petitioner

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under Section 47 of the Code of Civil Procedure contending

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that the decree is not executable. It was contended that

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the first defendant died on 28.11.2005 and his legal
representatives were not impleaded in the suit. The

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decree was passed on 21.2.2007. The decree which was

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passed without impleading the legal representatives of the
deceased first defendant is a nullity, according to the

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petitioner. The decree holder stated that no reliefs are
sought for against the legal representatives of the first
defendant. The court below rejected the contention put

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O.P(C).No.469 OF 2011 2

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forward by the petitioner and dismissed E.A.No.1532 of
2009. The order is revisable under Section 115 of the
Code of Civil Procedure.

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3. E.A.No.1533 of 2009 was filed by the petitioner

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under Rule 90 of Order 21 of the Code of Civil Procedure
to set aside the sale. That application was dismissed by
the court below. The order in an application under Rule
90 comes under Rule 92 of Order 21. That order is
appealable under Order 43 Rule 1(j) of the Code of Civil
Procedure.

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For the aforesaid reasons, the Original Petition is
not maintainable. Without prejudice to the right of the
petitioner to file a revision against the order in
E.A.No.1532 of 2009 and to file an appeal against the
order in E.A.No.1533 of 2009, the Original Petition is
dismissed.

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cms

Revi v. Mukattukara Catholic Company Limited

Case brief

What is this about?

What did the court decide?

Revi v. Mukattukara Catholic Company Limited

Case brief

What is this about?

What did the court decide?

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