Sarojini v. Shaji
Case brief
What is this about?
Petitioner challenged an order restricting sale of property to 3½ cents for decree recovery. Court held restriction was based on relevant circumstances, dismissed challenge, and allowed time to pay Rs. 20,000 or request installments subject to court approval.
What did the court decide?
Original Petition partly allowed/successed: Sale restricted to 3.5 cents upheld; time granted; deposit of Rs. 20,000 or waiver of proclamation directed; installment request conditions set.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
MONDAY, THE 4TH DAY OF FEBRUARY 2013/15TH MAGHA 1934
OP(C).NO. 450 OF 2013 (O)
E.A.NO.53 OF 2012 IN E.P. NO.1 OF 2011 IN O.S. NO.81 OF 2008, SUB COURT, THODUPUZHA
PETITIONER(S):
SAROJINI, D/O.KUTTY AGED 49 YEARS KAIPPANAL HOUSE, PAINGOTTOOR KARA KADAVOOR VILLAGE KOTHAMANGALAM THALUK ERNAKULAM DISTRICT.
BY ADVS.SRI.C.A.NAVAS SRI.SHIRAZ ABDULLA SRI. SHAJI SAMAD.P.A.
RESPONDENT(S):
SHAJI, S/O.NARAYANAN ASARIMATTEL HOUSE, VENMATTOM KARA VANNAPPURAM PO THODUPUZHA, ERNAKULAM DISTRICT.
Issues for consideration
2 issues framed by the court
Whether the execution court's order limiting sale to 3½ cents is liable to be set aside when the decree amount exceeds Rs. 2,66,000.
Whether the petitioner is entitled to an installment facility to pay the decree amount without sale of property.
Parties & counsel
- petitioner
Sarojini, D/o.Kutty
- respondent
Shaji, S/o.Narayanan
Coram
Thomas P. Joseph
Case details
As recorded by the court registry
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