Dismissed

Kizhakkayil Nazeema v. Sree Gokulam Chits and Finance Company Limited

Kerala HC30 Sept 2021Ex.FA/19/2021

Case brief

AI extract

What is this about?

The court dismissed an execution appeal filed by a wife challenging the sale of her husband's property. The judgment held that a sale of a husband's fractional interest allows the purchaser to step into the husband's shoes and become a co-owner, enabling them to maintain a suit for partition later. Thus, the objection to the sale appeal under Order XXI Rule 58 CPC was ungrounded.

What did the court decide?

Execution appeal dismissed in limine without referring to the merits.

Kizhakkayil Nazeema Vs Sree Gokulam Chits and Finance Company Limited — Partition | Kerala HC (2021)

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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 P.SOMARAJAN

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THURSDAY, THE 30^th DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943

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EX.FA NO. 19 OF 2021

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AGAINST THE ORDER DATED 13.08.2021 IN E.A.No.1015/2018 IN EP No.104/2017 OF ADDITIONAL DISTRICT COURT, THALASSERY

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APPELLANT/PETITIONER:

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KIZHAKKAYIL NAZEEMA, AGED 48 YEARS, D/o KUNHABDULLA, RESIDING AT POTTERI HOUSE, PERINGATHUR AMSOM, KARIYAD DESOM, THALASSERY TALUK.

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BY ADV K.I.SAGEER

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RESPONDENTS/RESPONDENTS:

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1 SREE GOKULAM CHITS AND FINANCE COMPANY LIMITED, NO.66, ARCOT ROAD, KODAMBAKKAM, CHENNAI - 600024, REP. BY P. A. HOLDER C. V. SIVADASAN, ASST. GENERAL MANAGER, SREE GOKULAM CHITS AND FINANCE LTD., NADAPURAM BRANCH - 673 504.

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2 HAMEED KIDANHI, AGED 66 YEARS, S/o MAMMAD, KIDANHI HOUSE, PERINGATHUR AMSOM, KARIYAD DESOM, THALASSERY TALUK, KANNUR DISTRICT - 670 101.

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THIS EXECUTION FIRST APPEAL HAVING COME UP FOR ADMISSION ON 30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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EX. F.A.No.19 of 2021

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JUDGMENT

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The wife of judgment debtor came up under Order XXI Rule 58 CPC at the execution stage of a decree against her husband on the ground that the property sought to be proceeded against not exclusively belonged to her husband and that she is having half right over the property. Hence, the property cannot be sold without locating the half right. The said application was dismissed by the execution court, against which this appeal.

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When there is sale of fractional interest belonged to her husband in court sale, the person who obtains the property under the court sale would step into the shoes of judgment debtor and became the co-owner of the property with the other person to whom the remaining fractional interest belongs and they can or the purchaser can very well maintain a suit for partition and division of

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EX. F.A.No.19 of 2021

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property. As such, the rejection of application under Order XXI Rule 58 CPC cannot be interfered with. Hence, the

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appeal fails and it is dismissed in limine .

Sd/-

P.SOMARAJAN

JUDGE

DMR/-

Kizhakkayil Nazeema v. Sree Gokulam Chits and Finance Company Limited

Case brief

What is this about?

What did the court decide?

Kizhakkayil Nazeema v. Sree Gokulam Chits and Finance Company Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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