In an original petition challenging an upset price order in a money decree execution, the High Court directed the execution court to find the balance amount due after depositing a partial sum by petitioners.
Directing the execution court to fix the balance amount due and requiring the petitioners to deposit Rs. 25,000 within one month.
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 SATHISH NINAN
MONDAY ,THE 14TH DAY OF JANUARY 2019 / 24TH POUSHA, 1940
OP(C).No. 3296 of 2018
OS 548/2003 of II ADDL.SUB COURT,THRISSUR DATED 19-11-2018
PETITIONERS / JUDGMENT DEBTORS 3 AND 4:
1 VARGHESE,
AGED 58 YEARS
S/O.PORINCHU, KALLIKADAN HOUSE, KODANNUR VILLAGE,
DESOM, THRISSUR.
2 BASTIN
AGED 56 YEARS
S/O.PORINCHU, KALLIKADAN HOUSE, KODANNUR VILLAGE,
DESOM, THRISSUR.
BY ADVS.
SRI.C.S.MANILAL SRI.S.NIDHEESH
RESPONDENTS / DECREE HOLDER AND JUDGMENT DEBTORS 1 AND 2: 1 SWATHANTHRA KURIES PVT LTD.,
REPRESENTED BY CHAIRMAN, JOLLY KATTUKKARAN,
CHEMBUKAVU, THRISSUR DISTRICT - 680 020.
2 TREESA @ JAYA RAPHEAL W/O.RAPHEL, KALLIKKADAN HOUSE,M KODANNUR VILLAGE, THRISSUR TALUK - 680 563.
3 RAPHEL S/O.PORINCHU, KALLIKKADAN HOUSE, KODANNUR VILLAGE, DESOM, THRISSUR TALUK - 680 563.
BY ADV. SRI.VARGHESE C.KURIAKOSE
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 14.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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OP(C).No. 3296 of 2018
JUDGMENT
The challenge in the original petition is against Ext.P16 order fixing the upset price of the property and directing the property to be proclaimed for sale.
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OP(C).No. 3296 of 2018
execution court to enter a finding regarding the balance amount due to the decree holder under the decree in question. Both sides shall be called upon to file balance statements and the court below shall consider the same. This will be subject to condition that the petitioners deposit for payment to the first respondent- decree holder a further amount of Rs.25,000/- (Rupees Twenty five thousand only) within a period of one month.
Sd/-
SATHISH NINAN
JUDGE
rsr
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OP(C).No. 3296 of 2018
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE OBJECTION IN THE DRAFT SALE PROCLAMATION IN E.P.467/13 IN O.S.548/03.
EXHIBIT P2 TRUE COPY OF THE ADDITIONAL OBJECTION FILED IN E.P.467/13 IN O.S.548/03.
EXHIBIT P3 TRUE COPY OF THE DRAFT SALE PROCLAMATION IN E.P.467/13 IN O.S.548/03. EXHIBIT P4 TRUE COPY OF THE OBJECTION TO THE DRAFT PROCLAMATION IN E.P.467/13 IN O.S.548/03.
EXHIBIT P5 TRUE COPY OF THE LIST OF DOCUMENT SUBMITTED IN E.O.467/13 IN O.S.548/03.
EXHIBIT P6 TRUE COPY OF THE LIST OF DOCUMENTS PRODUCED BY THE JUDGMENT DEBTORS. EXHIBIT P7 TRUE COPY OF THE RECEIPT DATED 9/10/2000 TO SHOW THAT RS.67,000/- WAS DEPOSITED BY THE 2ND PETITIONER. EXHIBIT P8 TRUE COPY OF THE SALE DEED NO.2191/2007 DATED 21/4/2007. EXHIBIT P9 TRUE COPY OF THE SALE DEED NO.2190/2017 DATED 21/4/2007. EXHIBIT P10 TRUE COPY OF THE CALCULATION STATEMENT DATED 15/11/2017.
EXHIBIT P11 TRUE COPY OF THE STATEMENT OF ACCOUNT DATED 30/11/2018. EXHIBIT P12 TRUE COPY OF THE STATEMENT IN E.P.467/13 IN O.S.548/03.
EXHIBIT P13 TRUE COPY OF THE STATEMENT OF PAYMENT BY ADVOCATE OF THE DECREE HOLDER DATED
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3/10/018.
EXHIBIT P14 TRUE COPY OF THE STATEMENT OF PAYMENT BY ADVOCATE OF THE DECREE HOLDER DATED 20/10/2018. EXHIBIT P15 TRUE COPY OF THE STATEMENT OF PAYMENT BY ADVOCATE OF THE DECREE HOLDER DATED 19/11/2018. EXHIBIT P16 TRUE COPY OF ORDER DATED 19/11/2018 IN E.P.467/13 IN O.S.548/03 PASSED BY THE 2ND ADDITIONAL SUB COURT, THRISSUR.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R1(a) TRUE COPY OF THE E.P. FILED AS E.P.NO.467/2013 ON THE FILES OF ADDL.SUB COURT, THRISSUR
EXHIBIT R1(b) TRUE COPY OF THE SALE PROCLAIMATION
1 issue framed by the court
Whether the execution court should determine the balance amount due to the decree holder under the decree in question.
VARGHESE
BASTIN
SWATHANTHRA KURIES PVT LTD.
TREESA @ JAYA RAPHEAL
RAPEL
SATHISH NINAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
