Petitioner challenged a sale proclamation in execution proceedings via a writ petition under Article 227. An interim stay was granted conditioned on depositing a sum, which was not complied with. The petitioner sought to withdraw the petition, which the court permitted by dismissing it as withdrawn.
Petition dismissed as withdrawn.
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 ANIL K.NARENDRAN
FRIDAY, THE 02ND DAY OF NOVEMBER 2018 / 11TH KARTHIKA, 1940
OP(C).No. 2043 of 2018
AGAINST THE ORDER IN E.A. 110/2017 IN E.P 08/2016 IN OS 103/2014 of MUNSIFF COURT, VAIKOM DT.21.12.2017
PETITIONER/JUDGEMENT DEBTOR IN E.P./DEFENDANT IN O.S:
K.J. SIBI,
AGED 49 YEARS, KOTHAKKULATHU VEEDU, THALAYOLAPARAMBU KARA, VADAYAR VILLAGE, VAIKKOM THALUK, KOTTAYAM DISTRICT.
BY ADV. SRI.R.SURAJ KUMAR BY ADV. SUNIL J. CHAKKALACKAL BY ADV. DEEPA V. BY ADV. SINDHU N.G.
RESPONDENT/DECREE HOLDER IN E.P./DEFENDANT IN O.S.:
SASEENDRAN,
AGED 58 YEARS, S/O.VASU, THEKKUM MURIYIL CHIRAYIL VEEDU, THULAMPARAMBU THEKKUM MURI, HARIPPADU VILLAGE, ALAPPUZHA DISTRICT – 688001.
BY ADV. SRI.B.RENJITHKUMAR
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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OP(C)2043 OF 2018
JUDGMENT
The petitioner, who is the judgment debtor in E.P.No.8 of 2016 in O.S.No.103 of 2014 on the file of the Munsiff Court, Vaikom has filed this original petition under Article 227 of the Constitution of India, seeking an order to set aside Ext.P8 sale proclamation dated 22.06.2018 in that execution petition.
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OP(C)2043 OF 2018
this original petition.
Recordin g the aforesaid submission made by the learned counsel for the petitioner, this original petition is dismissed as
withdra wn.
Sd/-
ANIL K. NARENDRAN JUDGE
yd
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OP(C)2043 OF 2018
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT-P1 TRUE COPY OF THE PLAINT DATED 10.03.2014 IN O.S.NO.103/2014 ON THE FILE OF THE MUNSIFF'S COURT, HARIPPAD.
EXHIBIT-P2 TRUE COPY OF THE EXECUTION PETITION, E.P.NO.8/2016 IN O.S.NO.103/2014 ON THE FILE OF THE MUNSIFF'S COURT, VAIKKOM.
EXHIBIT-P3 TRUE COPY OF THE SALE SCHEDULE DATED 10.11.2016 IN E.P.NO.8/2016 IN O.S.NO.103/2014 ON THE FILE OF THE MUNSIFF'S COURT, VAIKKOM.
EXHIBIT-P4 TRUE COPY OF THE OBJECTION DATED 13.12.2016 IN E.P.NO.08/2016 IN O.S.NO.103/2014 ON THE FILE OF THE MUNSIFF'S COURT, VAIKKOM.
EXHIBIT-P5 TRUE COPY OF THE ORDER DATED 21.12.2017 IN E.A.NO.109/2017 IN E.P.NO.08/2016 IN O.S.NO.103/2014 ON THE FILE OF THE MUNSIFF'S COURT, VAIKKOM.
EXHIBIT-P6 TRUE COPY OF THE ORDER DATED 21.12.2017 IN E.A.NO.110/2017 IN E.P.NO.08/2016 IN O.S.NO.103/2014 ON THE FILE OF THE MUNSIFF'S COURT, VAIKKOM.
EXHIBIT-P7 TRUE COPY OF THE SALE SCHEDULE DATED 23.08.2017 IN E.P.NO.8/2016 IN O.S.NO.103/2014 ON THE FILE OF THE MUNSIFF'S COURT, VAIKKOM.
EXHIBIT-P8
TRUE COPY OF THE PROCLAMATION OF SALE DATED 22.06.2018 IN E.P.NO.8/2016 IN O.S.NO.103/2014 ON THE FILE OF THE MUNSIFF'S COURT, VAIKKOM.
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OP(C)2043 OF 2018
RESPONDENT'S EXHIBITS:
EXHIBIT-R1 TRUE COPY OF THE CLAIM PETITION FILED BY THE THALAYOLAPARAMBU FARMERS COOPERATIVE BANK LTD 278 (UNDATED). EXHIBIT-R1(A) TRUE COPY OF THE ORDER DATED 21.12.2017 IN E.A. 110/2017 IN EP 8/2016 IN OS 103/2014 IN THE FILE OF MUNSIFF COURT, VAIKOM. EXHIBIT-R1(B) TRUE COPY OF THE VALUATION CERTIFICATE ISSUED BY THE AUTHORITIES ON 07.09.2016. EXHIBIT-R1(C) TRUE COPY OF THE AFFIDAVIT & PETITION IN EA 109/2017 IN EP 8/2016 IN OS 103/2014 OF MUNSIFF COURT, VAIKOM. EXHIBIT-R1(D) TRUE COPY OF THE ORDER DATED 21.12.2017 OF THE MUNSIFF COURT, VAIKOM.
TRUE COPY
P.A. TO JUDGE
1 issue framed by the court
Whether the permission to withdraw the original petition should be granted under Article 227?
K.J. SIBI
SASEENDRAN
ANIL K.NARENDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
