Allowed

Muraleedharan K.G v. Maben Nidhi Ltd.

Kerala HC7 Nov 2023OP(C)/2053/2023

Case brief

AI extract

What is this about?

This order disposed of an objection to the issuance of a sale proclamation in civil execution proceedings. The court directed the lower court to issue the draft copy to the petitioner, overriding the objection regarding the death of one judgment debtor.

What did the court decide?

Directed the Second Additional District Court, Thrissur, to issue a copy of the draft sale proclamation to the petitioner and proceed with execution proceedings.

Muraleedharan K.G Vs Maben Nidhi Ltd. — Execution and Attachment | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

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TUESDAY, THE 7^TH DAY OF NOVEMBER 2023 / 16TH KARTHIKA, 1945

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OP(C) NO. 2053 OF 2023

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IN EP NO.237/2019 OF II ADDITIONAL DISTRICT COURT, THRISSUR

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PETITIONER/JUDGMETN DEBTOR NO.2/RESPONDENT NO.2:

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MURALEEDHARAN K.G.,
AGED 52 YEARS, S/O GOPI, KAVANAPILLY HOUSE
KATTIKKARAKUNNU ASHTAMICHIRA P.O, THRISSUR DISTRICT,
PIN – 680731.

¶9

BY ADVS.
K.M.MUHAMMED HUSSAIN
K.V.SREE VINAYAKAN
MANUMON A.
SRILAKSHMI P.
CHANDRAKANTH K. ULLAS

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RESPONDENTS/DECREE HOLDER AND JUDGMENT DEBTOR NO.1,4 & 5/CLAIMANT

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AND RESPONDENT NO.1:

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1MABEN NIDHI LTD.,
BUILDING NO.5/421, NEAR HIGH SCHOOL JUNCTION,
VALAPPAD P.O.,THRISSUR DISTRICT- REPRESENTED BY ITS
LEGAL MANAGER, PIN – 680567.

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2LATHA,
AGED 65 YEARS, W/O RADHAKRISHNAN, KAVANAPILLY HOUSE
KATTIKKARAKUNNU ASHTAMICHIRA P.O., THRISSUR DISTRICT,
PIN – 680731.

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3 SUKUMARAN, AGED 62 YEARS, S/O GOPI, KAVANAPILLY HOUSE, KATTIKKARAKUNNU ASHTAMICHIRA P.O., THRISSUR DISTRICT, PIN – 680731.

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4REMA VENUGOPALAN,
AGED 54 YEARS, W/O VENUGOPALAN, KUNNURAN HOUSE,
KATTIKKARAKUNNU ASHTAMICHIRA P.O., THRISSUR DISTRICT,
PIN – 680731.
BY ADVS.
UNNIRAJ VB
M.C.BINDUMOL(K/2452/1999)
K.SEEMA(S-1334)
P.ANITHA(K/76/2011)

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07.11.2023,

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THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(C).NO.2053 of 2023

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..2..

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C. JAYACHANDRAN, J. ===================== O.P.(C) No.2053 of 2023

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========================================

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Dated this the 07thday of November, 2023

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J U D G M E N T

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I.A. No.1 of 2023 is allowed in part at the risk
of the petitioner, in so far as respondent No.2 is
concerned.

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2.As far as respondent No.3 is concerned, it is
submitted that the 3rd respondent is no more and
that the legal heirs of the 3rd respondent herein
were not made parties in the execution petition.
It was also submitted that the 3rd respondent is
only one among the judgment debtors, along with
the petitioner herein. In the circumstances,
impleadment of the legal heirs of the 3rd

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O.P.(C).NO.2053 of 2023

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..3..

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respondent, in this proceedings, is also dispensed
with.

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3.The only grievance of the petitioner in this
original petition is that a copy of the draft sale
proclamationwasnotgiventothe

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petitioner/judgment debtor.

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4.The learned counsel for the first respondent
would submit that for practical reasons, the first
respondent is not standing in the way of issuance
of a copy of the draft sale proclamation to the
petitioner, if the original petition can be
disposed of with that direction.

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5.Having regard to the submissions made by the
learned counsel for the first respondent, this
original petition is disposed of directing the
Second Additional District Court, Thrissur, to
issue a copy of the draft sale proclamation to

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O.P.(C).NO.2053 of 2023

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..4..

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the petitioner herein and to proceed with the

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E.P., in accordance with law.

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The original petition is disposed of as above.

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 Sd/-

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C. JAYACHANDRAN
JUDGE

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Skk//07.11.2023

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O.P.(C).NO.2053 of 2023

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..5..

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APPENDIX OF OP(C) NO.2053/2023

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PETITIONER’S EXHIBITS:-

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EXHIBIT P1THE TRUE COPY OF E.P NO. 237 OF 2019 IN
ARB.CASE. NO.122/2016 BEFORE THE COURT
OF DISTRICT JUDGE- THRISSUR FILED BY
THE 1 ST RESPONDENT DATED 05- 03-2019

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EXHIBIT P2THE TRUE COPY OF OBJECTION E.P NO. 237
OF 2019 IN ARB.CASE. NO.122/2016 BEFORE
THE COURT OF ADDITIONAL DISTRICT JUDGE-
II THRISSUR FILED BY THE PETITIONER
DATED 20-11-2019

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EXHIBIT P3TRUE COPY OF THE PROCLAMATION OF SALE
ISSUED AS PER ORDER 21 RULE 64 CPC IN
E.P NO. 237 OF 2019 IN ARB.CASE.
NO.122/2016 ON THE FILES OF THE COURT
OF ADDITIONAL DISTRICT JUDGE-II
THRISSUR

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EXHIBIT P4THE TRUE COPY OF PROCEEDINGS DATED 13-
09-2023 IN E.P NO. 237 OF 2019 IN
ARB.CASE. NO.122/2016 ON THE FILES OF
THE II ND ADDITIONAL DISTRICT COURT,
THRISSUR

Muraleedharan K.G v. Maben Nidhi Ltd.

Case brief

What is this about?

What did the court decide?

Muraleedharan K.G v. Maben Nidhi Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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