The petitioner's original petition challenging execution proceedings was dismissed as infructuous after the Additional Munsiff informed the court that the underlying sale was confirmed and the relevant execution process had been closed.
The original petition challenging execution proceedings was dismissed as infructuous.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
OP(C) NO. 3517 OF 2013
AGAINST THE ORDER/JUDGMENT IN ARC 806/1998 OF ADDITIONAL MUNSIFF COURT,CHERTHALA, ALAPPUZHA
PETITIONER:
V.K. PRASAD VELIYIL VEEDU, CHERTHALA VADAKKUM MURI, VADAKUM VILALGE, CHERTHALA
BY ADV SRI.JOHN JUDE ISSAC
RESPONDENTS:
2 SIDHARDHAN VELIYIL VEEDU, CHERTHALA VADAMMUM MURI, VADAKKUM VILLAGE, CHERTHALA.
BY ADV SRI.V.SHYAM
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C) No.3517 of 2013
2
JUDGMENT
When the matter is taken up for hearing,
there is no representation from either side.
Munsiff, Cherthala that the sale confirmed and E.P.No.307/2009 was closed, accordingly.
Petition challenging the execution proceedings become infructuous and the same is liable to be dismissed.
dismissed as infructuous.
Sd/-
A.BADHARUDEEN, JUDGE.
ww
2 issues framed by the court
Whether an original petition challenging execution proceedings becomes infructuous if the underlying sale is concluded.
Whether the petition challenging the execution proceedings is liable to be dismissed.
V.K. PRASAD VELIYIL VEEDU
SECRETARY, CHERTHALA SERVICE CO-OPERATIVE BANK LTD.
SIDHARDHAN VELIYIL VEEDU
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
