Mani v. Moncy Daniel
Case brief
What is this about?
The court disposed of an execution petition challenging the upset price fixed for a property sale. The judge directed the courts to refer parties to mediation and proceed with execution if mediation fails, affirming the order below.
What did the court decide?
Mediation to settle the dispute; if it fails, execution proceedings to continue. Petitioner's objection to upset price dismissed in light of mediation direction.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
MONDAY, THE 3RD DAY OF SEPTEMBER 2012/12TH BHADRA 1934
OP(C).No. 858 of 2012 (O)
EP NO. 279/2001 IN OS.84/1990 of SUB COURT, ALAPPUZHA
PETITIONER(S):
MANI,
S/O.LATE GOPALAKRISHNAN,THAIPARAMBIL HOUSE,MULLACKAL ALAPPUZHA-688010.
BY ADVS.SRI.P.B.KRISHNAN
SMT.GEETHA P.MENON SRI.N.AJITH SRI.P.B.SUBRAMANYAN
RESPONDENT(S):
MONCY DANIEL, PANACHOOR HOUSE,MULLACKAL,ALAPPUZHA-688010.
Issues for consideration
2 issues framed by the court
Whether the upset price fixed for a property sale during execution proceedings accurately reflects the property's market value.
Whether the petitioner's willingness to deposit further money and seek mediation affects the progress of execution proceedings.
Parties & counsel
- petitioner
Mani
- respondent
Mancy Daniel
Coram
V. Chitambaresh
Case details
As recorded by the court registry
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