Court modified the interim order in an execution petition to grant an extension for executing the sale deed, mandating the decree holder's presence to receive the sale proceeds.
Permission granted to sell the property with the decree holder as a party to the sale deed to receive funds; time granted for execution until 27.08.2023.
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 P.SOMARAJAN
THURSDAY, THE 6TH DAY OF JULY 2023 / 15TH ASHADHA, 1945
OP(C) NO. 84 OF 2023
AGAINST THE ORDER DATED 09.01.2023 IN EA.3/2023 IN OS 2367/2013 OF
PRINCIPAL MUNSIFF COURT, IRINJALAKUDA
PETITIONER/PETITIONER/RESPONDENT/DEFENDANT:
SASI, AGED 55 YEARS,
S/O APPU, KOLAKKAPARAMBIL HOUSE, THOTTIPPAL.P.O,
THRISSUR DISTRIC - 680310
BY ADVS.
MAYA M.
V.M.KRISHNAKUMAR
RESPONDENT/RESPONDENT/PETITIONER/PLAINTIFF:
PARISH CHITS COMPANY LTD
REPRESENTED BY ITS DIRECTOR PARISH BUILDING, MAIN ROAD,
CHERPU.P.O, THRISSUR DISTRICT., PIN - 680651
BY ADVS.
LINDONS C.DAVIS
E.U.DHANYA
SWATHY A.P.
N.S.SHAMILA
RAJITH DAVIS
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06.07.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 84 OF 2023
2
JUDGMENT
It is submitted across the Bar that the period
entered into by the parties in the contract for sale
would expire on 27/08/2023. As such, it is fit and
proper to grant some more time for payment of the
amount directly to the decree holder and he should be
made as a party to the deed. Hence, permission is
granted to sell the property in accordance with the
contract for sale and the decree holder must be a
party to the sale so as to receive the entire decree
amount at the time of sale from the sale proceeds,
without which the sale deed shall not be executed.
Order of the court hence will stand modified
accordingly. Time is granted up to 27/08/2023 for
execution of the sale deed.
The original petition is allowed accordingly.
Sd/-
P.SOMARAJAN JUDGE
msp
OP(C) NO. 84 OF 2023
3
APPENDIX OF OP(C) 84/2023
PETITIONER EXHIBITS |
|
|---|---|
Exhibit P1 |
TRUE COPY OF THE 1ST AND 2ND PAGE OF RATIONCARD NO.184336930 OF THE PETITIONER |
Exhibit P2 |
TRUE COPY OF THE DISABILITY CERTIFICATE DATED18.3.2021 OF PETITIONER'S DAUGHTER ANUGRAHA |
Exhibit P3 |
TRUE COPY OF THE EXECUTION PETITIONEP.NO.1124/2019 IN OS.NO.2367/2013 FILEDBEFORE THE MUNSIFF COURT IRINJALAKUDA |
Exhibit P4 |
TRUE COPY OF THE AUCTION NOTICE UNDER ORDER21 RULE 64 OF THE CIVIL PROCEDURE CODE DATED02.06.2022 |
Exhibit P5 |
TRUE COPY OF THE SALE AGREEMENT DATED27.10.2022 BETWEEN THE PETITIONER AND SANTHA |
Exhibit P6 |
TRUE COPY OF EA.NO.1579/2022 IN EP 1124/2019IN OS.2367/2013 OF MUNSIFF COURT IRINJALAKUDADATED 28.09.2022 |
Exhibit7 |
TRUE COPY OF EA.NO.31/2023 IN EP.1124/2019 INOS.2367/2013 OF MUNSIFF COURT IRINJALAKUDADATED 04.01.2023 |
Exhibit P8 |
TRUE COPY OF THE PROCEEDINGS INEP.NO.0301124/2019 DATED 09.01.2023 (E-COURTSERVICES) |
Exhibit P9 |
TRUE COPY OF THE DECISION REPORTED IN 1990KHC 221 (NARASAYYA V. SUBBA RAO |
Exhibit P10 |
TRUE COPY OF CHALAN RECEIPT DATED 09.02.2023 |
1 issue framed by the court
Whether time is granted for execution of the sale deed involving the decree holder as a party.
SASI
PARISH CHITS COMPANY LTD
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court