Dismissed

Bhargavi and Others v. Anoop and Others

Kerala HC15 Oct 2012CRP/481/2010

Case brief

AI extract

What is this about?

This revision petition challenged execution proceedings regarding a compromise deed in a partition suit. The court affirmed the lower court order but reserved proceeding on excess amounts if any due for judgment debtors after deposit.

What did the court decide?

Continuation of execution proceedings only if interest on ₹6,00,000/- due to decree holders remains unpaid after deposit date.

Bhargavi and Others Vs Anoop and Others — Partition | Kerala HC (2012)

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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 V.CHITAMBARESH

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MONDAY, THE 15TH DAY OF OCTOBER 2012/23RD ASWINA 1934

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CRP.No. 481 of 2010 ( )

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E.P. NO. 217/2005 IN OS.367/1983 of PRINCIPAL SUB COURT,ERNAKULAM

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REVISION PETITIONER(S)/RESPONDENTS/PETITIONERS/DECREE HOLDERS:

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BHARGAVI,W/O.RAGHAVAN,VALLIYARA HOUSE, KONAM DESOM,PALLURUTHY VILLAGE.

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RADHA,W/O.NETTAYIL VASU, NOW RESIDING AT PONGATILPARAMBU, THUTHIYOOR DESOM KAKKANADU VILLAGE.

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SARASA,W/O.KUNJANBAVA,PUTTUMANAPARAMBIL, CHAKKARAPARAMBU,EDAPPALLY SOUTH VILLAGE.

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VALSALA MANOHARAN,W/O.MANOHARAN, MANKUZHITHUNDIYIL VEEDU,THAIKOODAM DESOM POONITHURA VILLAGE.

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SAJINI ASOKAN,W/O.ASOKAN, KALARIYATHU VEEDU,CHALIKKAVATTOM DESOM, EDAPPALLY SOUTH VILLAGE.

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SATHEESAN, S/O.LATE SACHIDANANDAN, NEELAMURI VEEDU, PONNURUNNI DESOM POONITHURA VILLAGE.

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SUMANGALA PANKAJAKSHAN, W/O PANKAJAKSHAN MANAKKATHUNDI VEEDU,MARADU DESOM, MARADU VILLAGE.

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SANTHOSH,S/O.LATE SACHIDANANDAN, NEELAMURI VEEDU,PONNURUNNI DESOM POONITHURA VILLAGE.

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BY ADVS.SRI.K.P.ARAVINDAKSHAN SRI.NARAYANAN MORASSERI VEETIL

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RESPONDENT(S)/PETITIONERS/RESPONDENTS/JUDGMENT DEBTORS:

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ANEEESH,AGED 27 YEARS,S/O.LATE SASI, PALLISSERY PARAMBU,PALARIVATTOM DESOM EDAPPALLY SOUTH VILLAGE.

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CRP NO. 481/2010

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SARALA,AGED 55 YEARS,W/O LATE MANOHARAN, PALLISSERYPARAMBU,PALARIVATTOM DESOM,RESIDING AT H.NO.4706,NEAR KAPPATTIKKAVU TEMPLE,LABOUR COLONY EROOR,THRIPUNITHURA.

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SIMI,AGED 25 YEARS,D/O.LATE MANOHARAN, D0. DO.

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KANAKA,AGED 56 YEARS,W/O.LATE SASI, PALLISSERYPARAMBU,PALARIVATTOM DESOM PALLISSERY KAVALA,EDAPPALLY SOUTH VILLAGE.

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ANOOP,S/O.LATE SASI, PALLISSERY PARAMBU, DO. DO. DO.

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N.A.SURESH BABU, S/O.ARJUNAN,NIKARTHIL HOUSE,THIRUMALABHAGOM.P.O,THURAVOOR VILLAGE.

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BY ADV. SRI.N.K.MOHANLAL

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THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 15-10-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. CHITAMBARESH, J

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C.R.P. NO. 481 OF 2010

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Dated this the 15^th day of October, 2012

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ORDER

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The compromise final decree dated 31.03.1995 in O.S.

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No. 367/1983 on the file of the court of the Principal Subordinate Judge of Ernakulam provided for the payment of `1,50,000/- each to the four plaintiffs/decree holders. The decree also provided that the property could be sold in auction and the amount realised towards the share of the decree holders in case the defendants/judgment debtors do not pay the amount agreed to within time.

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It is clear from the decree that the decree holders have been awarded interest at 6% per annum on the total amount due of 6,00,000/- ( 1,50,000 x 4) till the date of actual deposit. It is also clear from the compromise decree that excess amount, if any, generated from the sale of the property would go to the judgment debtors exclusively over which the decree holders cannot have any claim.

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Thus the decree holders cannot aspire for anything more than the value of their share quantified in terms of

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CRP No. 481/2010

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money as per the compromise final decree passed in the suit for partition. The judgment debtors contend that the sum of 6,00,000/- with interest thereon totalling to 11,00,000/- has already been deposited in the court below and delivery effected. It appears that delivery was effected in favour of the sixth respondent in this Civil Revision Petition who is said to have entered into an agreement for sale.

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The court below shall ascertain the amount due to the judgment debtors under the decree and record full satisfaction if the entire amount is paid as on the date of deposit. Further proceedings in E.P. No. 217/2005 in O.S. No. 367/1983 on the file of the court of the Principal Subordinate Judge of Ernakulam shall continue only if more amount is due to the decree holders by way of interest on the sum of ` 6,00,000/- upto the date of deposit.

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The order of the court below is affirmed and the Civil Revision Petition is dismissed subject to the above reservation.

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V. CHITAMBARESH JUDGE

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ncd

Bhargavi and Others v. Anoop and Others

Case brief

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Bhargavi and Others v. Anoop and Others

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