Dismissed

K.Jayarajan v. Sambasivan

Kerala HC4 Apr 2019OP(C)/597/2019

Case brief

AI extract

What is this about?

This court dismissed an O.P(C.) filed by judgment debtors aggrieved by the execution sale order. The court held objections regarding partibility of property were not sustainable as they should have been raised earlier during proclamation stages, noting the property comprised the house was evident in the draft proclamation.

What did the court decide?

O.P.(C.) is dismissed; no further relief granted.

K.Jayarajan Vs Sambasivan — Execution and Attachment | Kerala HC (2019)

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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 SUNIL THOMAS

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THURSDAY ,THE 04TH DAY OF APRIL 2019 / 14TH CHAITHRA, 1941

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OP(C).No. 597 of 2019

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(AGAINST ORDER DTD.14.02.2019 IN EA.NO.149 OF 2019, EA.NO.150 OF 2019, EA.NO.151 OF 2019 AND EA.NO.195 OF 2019 IN EP.NO.494 OF 2017 IN OS 93/2014 OF IST ADDITIONAL SUBORDINATE JUDGE'S COURT, KOZHIKODE)

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PETITIONERS/JUDGMENT DEBTORS/DEFENDANTS:

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1 K.JAYARAJAN, AGED 50 YEARS, S/O.PADMANABHAN NAIR, KEEDOTH HOUSE, CHEVARAMBALAM PO., CHEVAYUR AMSOM & DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT-673 107.

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2 CHANDHANAPURATH SHEENA, AGED 38 YEARS D/O. RADHA, KEELOTH HOUSE, CHEVARAMBALAM P.O, CHEVAYUR AMSOM AND DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT-673107.

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BY ADVS. SRI.GEORGE MATHEW SHRI.MATHEW K.T. SHRI.SUNIL KUMAR A.G SMT.BHANU THILAK SRI.DIPU JAMES SRI.M.D.SASIKUMARAN

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RESPONDENT/DECREE HOLDER/PLAINTIFF:

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SAMBASIVAN, AGED 62 YEARS, S/O.P.C.NARAYANAN, MEPPEKKATTIL PARAMPA, CHEVAYUR AMSOM AND DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT-673107.

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BY ADV. SRI.SRINATH GIRISH

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 04.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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OP(C).No. 597 of 2019

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JUDGMENT

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The petitioner herein is the judgment debtor in EP.No.494 of 2017 in OS.No.93 of 2014 on the files of the Ist Additional Subordinate's Court, Kozhikode. He is aggrieved by the order in EA.No.149/2019. The grievance of the petitioner herein is that the property sold is not partible without effecting division of the house and that the decree does not include the house comprised therein. None of the above contention is sustainable in the light of the decree. It is seen that the property was sold in execution and at the stage of delivery, the present proceedings has been filed. The petitioner herein got a stay of the proceedings thereafter. I have examined the objections now raised. Virtually, these are the objections are not sustainable and are those which should have been raised when the proclamation was settled and before it was brought for sale. There is nothing in the application also to show that an material irregularity was committed in the conduct and sale of the immovable property. The draft

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OP(C).No. 597 of 2019

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proclamation of sale produced before this court at the time of hearing also shows that the property comprised of the house also. After hearing both sides, I am satisfied that there is no merit in the O.P.(C) and the impugned order does not call for interference.

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At this stage, the learned counsel for the petitioner offered to pay the entire amount and to redeem his property, to which the learned counsel for the decree holder is not amenable.

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O.P.(C) fails and is dismissed.

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Sd/-

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SUNIL THOMAS, JUDGE

R.AV

//True Copy//

PA to Judge

OP(C).No. 597 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF E.P. NO.494 OF 2017 IN O.S NO.93/2014 DATED 17.08.2017 OF IST ADDITIONAL SUBORDINATE JUDGES COURT, KOZHIKODE.

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EXHIBIT P2 TRUE COPY OF THE ORDER DATED 10.09.2018 IN E.A.NO.425 OF 2018 IN E.P. NO.494 OF 2017 IN OS NO.93 OF 2014 OF THE 1ST ADDITIONAL SUBORDINATE JUDGES COURT, KOZHIKODE.

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EXHIBIT P3 TRUE COPY OF COMMON ORDER DATED 14.02.2019 IN E.A NO. 149 OF 2019 AND E.A NO.150 OF 2019 IN E.P. NO.494 OF 2017 IN O.S NO.93 OF 2014 OF IST ADDITIONAL SUBORDINATE JUDGES COURT, KOZHIKODE.

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EXHIBIT P4 TRUE COPY OF PETITION DATED 31.01.2019 IN E.A NO. 152 OF 2019 IN E.P. NO.494 OF 2017 IN O.S NO.93 OF 2014 OF SUBORDINATE JUDGES COURT, KOZHIKODE.

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EXHIBIT P5 TRUE COPY OF OBJECTION DATED 04.02.2019 IN EXT.P4.

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EXHIBIT P6 TRUE COPY OF ORDER DATED 14.02.2019 IN EA NO.151 OF 2019 IN E.P..NO. 494 OF 2017 IN O.S NO.93 OF 2014 OF THE IST ADDITIONAL SUBORDINATE JUDGES COURT, KOZHIKODE.

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EXHIBIT P7 TRUE COPY OF ORDER DATED 14.02.2019 IN E.A NO.195 OF 2019 IN E.P. NO.494 OF 2017 IN O.S NO. 93 OF 2014 OF THE IST ADDITIONAL SUBORDINATE JUDGES COURT, KOZHIKODE.

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RESPONDENT'S/S EXHIBITS NIL

K.Jayarajan v. Sambasivan

Case brief

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K.Jayarajan v. Sambasivan

Case brief

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