Mathai v. Benny
Case brief
What is this about?
In an execution petition for sale of immovable property to realize a decree debt, the execution court directed the lower court to consider the petitioner's objection regarding property value and fix the upset price afresh, subject to the petitioner depositing Rs. 50,000.
What did the court decide?
Directed the lower court to consider petitioner's objections regarding property value and fix the upset price afresh after affording opportunity to parties to substantiate contentions, subject to peti
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 5TH DAY OF JULY 2018 / 14TH ASHADHA, 1940
OP(C).No. 1679 of 2017
(EP.NO.391/2015 IN OS.NO.957/2008 OF ADDL.SUB COURT, THRISSUR)
PETITIONER:
MATHAI, AGED 60, S/O.ULLURKARA MATHAI, PULLUKANDAM DESOM, MADAKATHARA VILLAGE, THRISSUR TALUK.
BY ADV.SRI.G.SREEKUMAR (CHELUR)
RESPONDENT(S):
1. BENNY, AGED 50, S/O.VETIKUZHICHALIL THOMAS, MAROTICHAL DESOM, PUTHUR VILLAGE, THRISSUR TALUK - 680 682.
2. SHYJU, AGED 48, S/O.PRAKUZHIYIL DEVASSY, MAROTICHAL DESOM, PUTHUR VILLAGE, THRISSUR TALUK - 680 682.
Issues for consideration
2 issues framed by the court
Whether the objection filed by the judgment debtor regarding the insufficiency of property value to recover the decree debt should be considered by the execution court.
Whether the court below should fix the upset price afresh after affording opportunity to parties to substantiate contentions.
Parties & counsel
- petitioner
Mathai
- respondent
Benny
- respondent
Shyju
- respondent
Bineesh
Coram
Case details
As recorded by the court registry
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