Disposed

Sarassamma v. Green Palace Resorts & Hotels (India) Private Ltd.

Kerala HC17 Jan 2017OP(C)/1848/2016

Case brief

AI extract

What is this about?

In an execution petition, the petitioner challenged the auction of property due to valuation objections. The court directed the lower court to auction only the portion required to satisfy the decree, unless the amount remains unpaid, and declined to interfere with the valuation.

What did the court decide?

Directed the court below to auction only the portion of the property sufficient to satisfy the decree amount, declining interference with the valuation.

Sarassamma Vs Green Palace Resorts & Hotels (India)… — Execution and Attachment | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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TUESDAY, THE 17TH DAY OF JANUARY 2017/27TH POUSHA, 1938

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OP(C).No. 1848 of 2016 (O)

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E.A.NO. 136/2016 IN E.P.NO. 15/2011 IN O.S.NO. 85 OF 2010 OF THE SUBORDINATE COURT, KATTAPPANA

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PETITIONER(S) :

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SARASSAMA,

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AGED 74 YEARS, W/O. P.P.THAMPI, GURUMANDIRAM HOUSE, ELAPPARA P.O., ELAPPARA VILLAGE, PEERMEDU TALUK.

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BY ADVS. SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMARAN SRI.GEORGE MATHEW SRI.SUNIL KUMAR A.G

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RESPONDENT(S) :

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GREEN PALACE RESORTS & HOTELS (INDIA) PRIVATE LIMITED, REP. BY ITS MANAGING DIRECTOR, K.B.VIJAYAN, S/O. BHASKARAN, CHINNARKAVALA, CHINNAR KARA, ELAPPARA VILLAGE, PEERMEDU TALUK.

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BY ADVS. SRI.T.A.UNNIKRISHNAN SRI.K.K.AKHIL

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 17-01-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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OP(C).No. 1848 of 2016 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXHIBIT P1 TRUE COPY OF E.P.NO. 15 OF 2011 IN O.S.NO. 85 OF 2010 OF THE SUBORDINATE JUDGE'S COURT, KATTAPPANA DATED 12-04-2011.

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EXHIBIT P2 TRUE COPY OF OBJECTION IN EXT. P1 DATED 18-09-2014.

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EXHIBIT P3 TRUE COPY OF ORDER DATED 23-06-2016 IN E.P.NO.15 OF 2011 IN O.S.NO.85 OF 2010.

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EXHIBIT P4 TRUE COPY OF E.A.NO. 136 OF 2016 IN E.P.NO. 15 OF 2011 IN O.S.NO. 85 OF 2010 DATED 25-06-2016.

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EXHIBIT P5 TRUE COPY OF ORDER DATED 01-07-2016 IN E.A.NO. 136 OF 2016 IN E.P.NO. 15 OF 2011 IN O.S.NO. 85 OF 2010.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.A.TO JUDGE.

Msd.

A. MUHAMED MUSTAQUE, J.

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O.P.(C) No. 1848 of 2016

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Dated this the 17^th day of January, 2017

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J U D G M E N T

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1.The judgment debtor, challenging an order in the execution petition, has approached this Court.

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2.The petitioner is having 67 cents of land. According to

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him, the entire land is attached and put for auction. The petitioner's main contention is regarding the valuation of the entire property.

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3.This Court is of the view that the court below shall proceed to sell only a portion of such property, which would satisfy the decree amount. It is only in the event of the court below is unable to recover the entire decree amount, the court below shall sell the entire property. With regard to the valuation of the property, this Court decline interference. It is also made clear that the judgment debtor has no objection in releasing the amount already deposited by the judgment debtor before the court below, to the decree holder, provided the

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O.P.(C) No. 1848 of 2016

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..2..

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decree debt reduced to that extent while determining

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the extent required to put for auction.

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4.The original petition is disposed of as above.

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Sd/- A. MUHAMED MUSTAQUE JUDGE

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bka/-

Sarassamma v. Green Palace Resorts & Hotels (India) Private Ltd.

Case brief

What is this about?

What did the court decide?

Sarassamma v. Green Palace Resorts & Hotels (India) Private Ltd.

Case brief

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What did the court decide?

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