The petition sought restoration of auction property after settlement of dues by the judgment debtor. The High Court directed the decree holder to reconvey the property to the petitioner under Articles 226 and 227 of the Constitution.
Directed the respondent to reconvey the property to the petitioner at the petitioner's expense.
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 C. JAYACHANDRAN
WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
OP(C) NO.1534 OF 2023
ORDER DATED 15.06.2023 IN E.A.NO.878/2023 IN E.P.NO.4307/2017 IN O.S.NO.2113/2015 OF PRINCIPAL MUNSIFF COURT, IRINJALAKUDA
PETITIONER:
SANTHA AGED 65 YEARS W/O.BALAKRISHNAN, MUTHAARAN HOUSE, MURIYAD VILLAGE, MURIYAD DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN - 680683
BY ADV N.L.BITTO
RESPONDENT:
CENTRAL KERALA KURIES (P) LTD. ALOOR REPRESENTED BY MANAGING DIRECTOR, ALOOR VILLAGE, ALOOR DESOM, CHALAKUDY TALUK, THRISSUR DISTRICT, PIN - 680683
BY ADV SRI.T.N.MANOJ
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO.1534/2023
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JUDGMENT
Dated this the 08th day of November, 2023
Ext.P5 order is under challenge, as per which the petitioner's application to set aside the sale made in
execution of the decree in O.S.No.2113 of 2015 was dismissed. The petitioner herein is the judgment debtor. The property was sold as per the order in E.A.No.878 of 2023 in E.P.No.4307 of 2017. Now, the limited contention of the learned counsel for the petitioner is that the petitioner had settled the entire amount due to the respondent/decree holder, which entity itself is the auction purchaser. Therefore, the property which was sold in auction may be restored back to the title and possession of the petitioner herein, either by setting aside the sale or by other appropriate means.
that the respondent has no objection to the said course. He would however, point out a technical difficulty arising on account of the confirmation of sale.
OP(C) NO.1534/2023
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under Article 227, but also under Article 226 of the Constitution, directs the respondent/decree holder to reconvey the property to the petitioner/judgment debtor at the expense of the petitioner, so as to ensure that equities as between the parties are balanced. Such a course is being adopted taking into account the fact that the entire amount due to the respondent has been paid off by the petitioner and that the respondent has no objection to the course as above directed.
This Original Petition is disposed of as above.
Sd/-
C. JAYACHANDRAN JUDGE
csl
OP(C) NO.1534/2023
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APPENDIX OF OP(C) 1534/2023
PETITIONER'S EXHIBITS
Exhibit-P1 A TRUE COPY OF THE EXECUTION APPLICATION E.P.NO.4307 OF 2017 IN OS.2113 OF 2015 OF THE PRINCIPAL MUNSIFF COURT, IRINJALAKUDA DATED 26/11/2017 Exhibit-P2 A TRUE COPY OF THE PROCLAMATION IN E.P.NO.4307 OF 2017 IN OS.2113 OF 2015 OF THE PRINCIPAL MUNSIFF COURT, IRINJALAKUDA DATED 25/1/2023 Exhibit-P3 A TRUE COPY OF THE APPLICATION TO SET ASIDE SALE EA.878 OF 2023 IN EP 4307 OF 2017 IN OS.2113 OF 2015 OF THE PRINCIPAL MUNSIFF COURT, IRINJALAKUDA DATED 13/04/2023 Exhibit-P4 A TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT IN EA.878 OF 2023 IN EP.4307 OF 2017 IN OS.2113 OF 2015 OF THE PRINCIPAL MUNSIFF COURT, IRINJALAKUDA DATED 08/06/2023 Exhibit-P5 A TRUE COPY OF THE ORDER IN EA.878 OF 2023 IN EP.4307 OF 2017 IN OS.2113 OF 2015 OF THE PRINCIPAL MUNSIFF COURT IRINJALAKUDA DATED 15/06/2023
1 issue framed by the court
Whether the auction property sold in execution of decree can be restored to the judgment debtor upon settlement of dues.
1 provisions across 1 enactments
Santha
Central Kerala Kuries (P) Ltd.
C. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
