The Kerala High Court dismissed an original petition where the petitioner challenged a property sale conducted during a pending insolvency proceeding. The court directed continuation of the status quo pending the insolvency decision.
Status quo maintained till insolvency petition is disposed of. No further directions.
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 V.CHITAMBARESH
THURSDAY, THE 6TH DAY OF DECEMBER 2012/15TH AGRAHAYANA 1934
OP(C).No. 382 of 2012 (O)
IP.2/2010 of SUB COURT,KATTAPPANA
PETITIONER(S):
JACOB T UMMEN, AGED 51, S/O.M.C.UMMEN, THUNDIYANKULATH HOUSE THENGAKAL P.O., VANDIPERIYAR, MANJUMALA VILLAGE PEERUMEDU TALUK, IDUKKI DISTRICT.
BY ADVS.SRI.VARGHESE C.KURIAKOSE
SRI.PRAVEEN K. JOY
SMT.RENJINI RAJENDRAN
RESPONDENT(S):
M.T.THOMAS
AGED 55 YEARS, S/O.THOMAS, MADAKAVUNKAL HOUSE MLAMALA P.O., VANDIPERIYAR, MANJUMALA VILLAGE PEERUMEDU TALUK, IDUKKI DISTRICT - 685 531.
BY ADV. SRI.A.C. DEVASIA
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 382/2012
APPENDIX
PETITIONER(S) EXHIBITS
| EXT.P-1 | TRUE PHOTOSTAT COPY OF EXECUTION PETITION BY THE RESPONDENT AND HIS SISTER. |
|---|---|
| EXT.P-2 | TRUE PHOTOSTAT COPY OF THE DRAFT SALE PROCLAMATION. |
| EXT.P-3 | TRUE PHOTOSTAT COPY OF THE L.P NO.2/2010 ON 27.10.2010 BEFORE SUB COURT, KATTAPPANA. |
| EXT.P-4 | TRUE PHOTOSTAT COPY OF APPLICATION E.A.NO.25/2011. |
| EXT.P-5 | TRUE PHOTOSTAT COPY OF OBJECTION IN E.A.NO.25/2011. |
| EXT.P-6 | TRUE PHOTOSTAT COPY OF I.A.NO.1484/2010 SEEKING STAY. |
| EXT.P-7 | TRUE PHOTOSTAT COPY OF THE OBJECTION IN I.P.NO.2/2010 BEFORE SUB COURT, KATTAPPANA. |
| EXT.P-8 | TRUE PHOTOSTAT COPY OF THE ORDER IN E.A.NO.25/2011. |
RESPONDENTS' EXHIBITS : NIL
/TRUE COPY/
P.A. TO JUDGE.
V. CHITAMBARESH, J
OP(C) NO. 382 OF 2012
Dated this the 6th day of December, 2012
JUDGMENT
The petitioner has already moved the court of the Subordinate Judge of Kattappana in I.P. No. 2/2010 to adjudge him as an insolvent. The grievance of the petitioner is about the sale conducted in E.P. No. 51/2005 in O.S. No. 185/2002 on the file of the court of the Subordinate Judge of Kattappana. The petitioner contends that the sale was conducted on 27.11.2010 notwithstanding the fact that he filed E.A. No. 257/2010 in E.P. No. 51/2005 on 24.11.2010 alerting the execution court about the pendency of the insolvency petition.
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OP(C) No. 382/2012
I.P. No. 2/20010 and the decree holder/auction purchaser in E.P. No. 51/2005 is also one of the party respondents in I.P. No. 2/2010.
No further directions are called for and the Original Petition is disposed of. No costs.
V. CHITAMBARESH JUDGE
ncd
Colour shows how this judgement treated each authority
Mahendrakumar Baishya Shaha Vs. Deeneshchandra Ray ChaudhuriReferred¶29
Mahendrakumar Baishya Shaha Vs. Deeneshchandra Ray Chaudhuri [AIR 1933 Calcutta 561] · Who else cites this
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As recorded by the court registry
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V. Chitambaresh
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