The Kerala High Court dismissed a first appeal filed by a judgment debtor challenging the dismissal of an application to set aside an execution sale, holding the appeal infructuous as possession had already been delivered to the purchaser.
The appeal was dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN
& THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
THURSDAY, THE 22ND DAY OF FEBRUARY 2018 / 3RD PHALGUNA, 1939
FAO.No. 141 of 2016
AGAINST THE ORDER IN E.A.NO.539/2015 IN E.P.NO.421/2012 IN OS 378/2010 of PRINCIPAL SUB COURT,NORTH PARAVUR DATED 19-03-2016
APPELLANT/PETITIONER JUDGMENT DEBTOR
P.J.JOSE S/O.JOSEPH, N H JUNCTION, ANGAMALI, PAINADATH HOUSE, WEST CHALAKKUDY KARA, CHALAKKUDY VILLAGE
BY ADVS.SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM
RESPONDENT/RESPONDENT/DECREE HOLDER:
ANGAMALI CHITTY FUNDS PRIVATE LTD REPRESENTED BY ITS MANAGING DIRECTOR, T K JOSEPH 683579
R1 BY ADV. SRI.DINESH R.SHENOY R1 BY ADV. SMT.K.K.JYOTHILAKSHMY R1 BY ADV. SRI.A.JOSEPH GEORGE R1 BY ADV. SRI.SANIL JOSE R1 BY ADV. SRI.EBIN MATHEW
THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 22-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.N.RAVINDRAN
&
R.NARAYANA PISHARADI, JJ. ********************************
F.A.O.No.141 of 2016
------------------------------------------------------------Dated this the 22nd day of February, 2018
JUDGMENT
P.N.Ravindran,J
This appeal arises from the order passed by the Court of the Principal Subordinate Judge of North Paravur on 19.03.2016 in E.A.No.539 of 2015 in E.P.No.421 of 2012 in O.S.No.378 of 2010. By the said order, the application filed by the appellant in E.P.No.421 of 2012 in O.S.No.378 of 2010 under Order XXI Rule 90 of the Code of Civil Procedure to have the sale held in execution set aside was dismissed.
F.A.O.No.141 of 2016
2
circumstances, this appeal may be dismissed as infructuous.
In the light of the said submission, the instant appeal is
dismissed as infructuous.
P.N.RAVINDRAN, JUDGE
R.NARAYANA PISHARADI, JUDGE
jsr
P.J.Jose
Angamali Chitty Funds Private Ltd
P.N.Ravindran
R.Narayana Pisharadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
