M.a.Ashraf v. Shaji
Case brief
What is this about?
The High Court of Kerala allowed an original petition challenging an order for the sale of property in execution of a money decree. The court set aside the order for lack of reasons and directed a fresh enquiry regarding the market value and necessity of selling the entire property.
What did the court decide?
Ext P4 order is set aside. Fresh enquiry directed within six months regarding market value and necessity of selling entire property.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
WEDNESDAY, THE 17TH DAY OF FEBRUARY 2016/28TH MAGHA, 1937
OP(C).No. 2351 of 2015 (O) --------------------------OS 229/2013 of MUNSIFF COURT, PERUMBAVOOR
PETITIONER :
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M.A.ASHRAF, AGED 39 YEARS, S/O. M.P.ABDUL KHADER, MUNDAKKAL HOUSE, KANDANTHARA KARA, VENGOLA VILLAGE, KUNNATHUNADU TALUK.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENT :
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SHAJI
Issues for consideration
2 issues framed by the court
Whether an order for sale of property in execution proceedings without recording reasons and considering the debtor's objection is maintainable.
Whether the entire property is necessary for the satisfaction of the decree.
Parties & counsel
- petitioner
M.A.ASHRAF
- respondent
SHAJI
Coram
K.ABRAHAM MATHEW
Case details
As recorded by the court registry
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