Solly v. Sheeja
Case brief
What is this about?
Petitioners challenged an execution court order fixing the upset price at 25 Lakhs without addressing their objection. The High Court set aside the order as non-speaking and directed the court to pass a reasoned order.
What did the court decide?
The impugned order fixing the upset price is set aside, and the execution court is directed to pass a speaking order.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
MONDAY, THE 11TH DAY OF JANUARY 2016/21ST POUSHA, 1937
OP(C).No. 3058 of 2015 (O)
PETITIONER(S) :
1. SOLLY, W/O. PAULOSE, AGED 46 YEARS, RESIDING AT CHULLINKAL HOUSE, KEERAMPARA KARA, KOTHAMANGALAM VILLAGE, KOTHAMANGALAM TALUK.
2. PAULOSE, S/O.MATHAI AGED 49 YEARS, CHULLINKAL HOUSE, KEERAMPARA KARA, KOTHAMANGALAM VILLAGE, KOTHAMANGALAM TALUK.
BY ADV. SRI.C.DILIP
RESPONDENT(S) :
1. SHEEJA, W/O.KASSIM, CHULLIKKATTU HOUSE, VARAPPETTY VILLAGE, VARAPPETTY, PIN - 686 691.
Issues for consideration
1 issue framed by the court
Whether a non-speaking order fixing the upset price for sale of property can be sustained when an objection was not considered.
Parties & counsel
- petitioner
SOLLY, W/O. PAULOSE
- petitioner
PAULOSE, S/O.MATHAI
- respondent
SHEEJA, W/O.KASSIM
- respondent
SHYJA, W/O.ABOOBECKER
- respondent
SHANJU, W/O.SHERIF VACHALIL
- respondent
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court