Partly allowed

Sudhanan (Died) v. Secretary

Kerala HC8 Oct 2018CRP/175/2014

Case brief

AI extract

What is this about?

This Court disposed of a civil revision petition pending between judgment debtors and a decree holder/auction purchaser. Accepting a settlement of Rs. 10 lakhs proposed by counsel, the Court directed the petitioners to pay the sum within two months via demand draft to secure a re-conveyance of the property. The petition was disposed of accordingly. Justice P. Somarajan.

What did the court decide?

Directing petitioners to pay Rs. 10,00,000/- by DD within two months; second respondent to execute re-conveyance on receipt.

Sudhanan (Died) Vs Secretary — Execution and Attachment | Kerala HC (2018)

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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 P.SOMARAJAN

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MONDAY, THE 08TH DAY OF OCTOBER 2018 / 16TH ASWINA, 1940

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CRP.No. 175 of 2014 (D)

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AGAINST THE COMMON ORDER IN EA Nos.75/11, 76/11, 77/11, 78/11, 79/11 & E.P. Nos.49/06 & 4/13 IN ARC 29/2001 of SUB COURT,

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SULTHAN BATHERY, DATED 21-01-2014

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PETITIONERS/SUPPLEMENTAL PETITIONERS/JUDGMENT DEBTORS:

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1 SUDHANAN, AGED 53 YEARS, S/O.RAJAPPAN, ELANJICKAL VEEDU, KUPPADI AMSOM DESOM, SULTHANBATHERY TALUK, PIN-673592, WAYANAD DISTRICT (DIED)

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2 SUJATHA T C, AGED 45 YEARS, W/O.SUDHANAN, ELANJICKAL VEEDU, KUPPADI AMSOM DESOM, SULTHANBATHERY TALUK, PIN-673592. 3 SANDHYARAJ E S, AGED 25 YEARS, D/O.SUDHANAN,ELANJICKAL VEEDU, KUPPADI AMSOM DESOM, SULTHANBATHERY TALUK, PIN-673592.

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4 JAYAKRISHNAN S, AGED 23 YEARS, S/O.SUDHANAN, ELANJICKAL VEEDU, KUPPADI AMSOM DESOM, SULTHANBATHERY TALUK, PIN - 673 592.

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BY ADVS.SRI.B.RAMACHANDRAN

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SMT.K.B.REKHA

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RESPONDENTS/RESPONDENTS/DECREE HOLDER AND AUCTION PURCHASER:

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1 SECRETARY, CO-OPERATIVE HOUSING SOCIETY, SULTHANBATHERY TALUK, WAYANAD DISTRICT, PIN-673592.

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2 M D MANU, S/O.MANI,AGED ABOUT 25 YEARS, THOTTUPALLATHIL HOUSE, PAZHUPATHOOR P O, SULTHANBATHERY VILLAGE & TALUK, WAYANAD DISTRICT, PIN-673592.

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BY ADVS.SMT.PRIYA ELIZABETH BABU DR.GEORGE ABRAHAM SRI.K.J.VIJAYAKUMAR

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THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 08.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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C.R.P.No. 175 of 2014

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ORDER

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When the matter was taken up for hearing, the learned counsel for the petitioners fairly submitted that the matter is almost settled by agreeing to pay an amount of Rs.10,00,000/-, but wanted some more time to collect the funds. The learned counsel for the second respondent also submitted that he is willing to accept the same and to re-convey the property to petitioners. Two months' time sought by petitioners was also agreed by the other counsel. The submission made by both the counsel is hereby accepted. Petitioners are hereby directed to pay an amount of Rs.10,00,000/- (Rupees Ten Lakhs only) by way of a Demand Draft in favour of the second respondent within two months from today. On receipt of the said Demand Draft, the second respondent shall execute a re-conveyance of the subject matter of the lis in favour of petitioners. Petitioners shall also bear the cost for getting the document executed including stamp fee, registration fee and the fee, if any, payable to the document writer. The deed of re-conveyance by sale deed

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C.R.P.No. 175 of 2014

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should be executed on the next day itself. In case of non payment of the above said amount as agreed, the C.R.P. will stand as dismissed. Parties

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are directed to suffer their respective costs.

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C.R.P. is disposed of accordingly.

Sd/-

P.SOMARAJAN

JUDGE

DMR/-

Sudhanan (Died) v. Secretary

Case brief

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What did the court decide?

Sudhanan (Died) v. Secretary

Case brief

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What did the court decide?

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