The court allowed the petitioner to pay the balance decree amount via six monthly installments, stayed the sale of his allotted property pending payment, and directed the lower court to conclude proceedings within seven months.
Petitioner permitted to pay balance amount in six monthly instalments; proclamation for sale of property stayed pending timely payment.
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
FRIDAY, THE 14TH DAY OF SEPTEMBER 2012/23RD BHADRA 1934
OP(C).No. 80 of 2012 (O) -----------------------EP.NO.96/2009 IN OS.56/1982 of SUB COURT, KASARAGOD
PETITIONER(S):
BABU POOJARY AGED 72 YEARS, S/O.THYAMPU POOJARY, KEREMOOLA EDANEER, MULIYAR P.O., KASARAGOD DISTRICT.
BY ADV. SRI.JAWAHAR JOSE
RESPONDENT(S):
1. SUBBA POOJARY
2. SOMAPPA POOJARY
3. SMT.KAMALA,
4. SMT.LAKSHMI D/O.THYAMPU POOJARY, KUDLU, KUDLU VILLAGE KASARAGOD DISTRICT-671 124.
5. SMT.SARASWATHY
6. SANJEEVA, S/O.LATE APPU HENGSU
7. LEELA
8. CHANDRAVATHI
OP(C).No. 80 of 2012 (O)
9. MALATHI D/O.LATE APPU HENGSU, KALIYOOR, VARKADY VILLAGE VARKADY P.O., KASARAGOD DISTRICT-671 323.
10. GEETHA D/O.LATE APPU HENGSU, KALIYOOR, VARKADY VILLAGE VARKADY P.O., KASARAGODE DISTRICT, PIN-671 323. BY ADV. SRI.D.KRISHNA PRASAD FOR R1 BY ADV. SMT.O.K.SANTHA BY ADV. SMT.S.SANTHY
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 14-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 80 of 2012 (O)
APPENDIX
PETITIONER(S) EXHIBITS:
EXHIBIT P1: TRUE COPY OF THE JUDGMENT DATED 11/1/1982.
EXHIBIT P2: TRUE COPY OF THE FINAL DECREE DATED 29/7/1996.
EXHIBIT P3: TRUE COPY OF THE COUNTER BY THE PETITIONER TO EP.NO.96/2009.
EXHIBIT P4: TRUE COPY OF THE COUNTER BY THE PETITIONER TO EA.NO.199 OF 2009.
EXHIBIT P5: TRUE COPY OF THE ORDER DATED 2/12/2011.
EXHIBIT P6: TRUE COPY OF THE ORDER DATED 2/12/2011.
EXHIBIT P7: TRUE COPY OF THE PETITION FILED BY THE 1ST RESPONDENT AS EA.NO. 66 OF 2011.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
ds
V. CHITAMBARESH, J.
- - - - - - - - - - - - - - - - - - - - - - O.P(C) No. 80 OF 2012
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Dated this the 14th day of September, 2012
J U D G M E N T
The property allotted to the petitioner in a final decree for partition was proclaimed for sale. The sale was necessitated to satisfy the liability towards the mesne profits and owelty. A sum of ` 55,680/- was due from the petitioner to the first respondent.
O.P(C)No. 80/2012
-2-
liberty to bring the property to sale, in case any default is committed by the petitioner. The court below shall take the proceedings to a logical end, within a period of seven months from the date of receipt of a copy of this judgment. The Original Petition is disposed of.
Sd/V. CHITAMBARESH, JUDGE.
ds
1 issue framed by the court
Whether to permit the petitioner to pay the balance amount due under the decree in instalments and stay the sale proclamation.
BABU POOJARY
SUBBA POOJARY
V. CHITAMBARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
