Nissar v. Sheeja
Case brief
What is this about?
The High Court of Kerala set aside an execution court order that incorrectly directed the sale of the petitioner's share. The court held that based on the compromise decree and agreement, the decree holder was entitled to sell only her own half share in the jointly owned property.
What did the court decide?
The impugned Ext.P12 order is set aside. The Family Court is directed to sell the undivided half right held by the respondent-judgment debtor in the property.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
MONDAY, THE 13TH DAY OF FEBRUARY 2023 / 24TH MAGHA, 1944 O.P. (FC) NO. 11 OF 2023
AGAINST THE ORDER DATED 22.11.2022 IN E.P.NO.65 OF 2016 IN O.P.NO.242 OF 2015 ON THE FILE OF THE FAMILY COURT, MAVELIKKARA
PETITIONER:
NISSAR
AGED 56 YEARS, S/O ISMAIL RAWTHER, ALINTE THEKKETHIL, VETTIYAR MURI, VETTIYAR VILLAGE, MANGAMKUZHI P.O, MAVELIKARA TALUK,ALAPPUZHA, PIN – 690558.
BY ADV K.K.SATHISH
Issues for consideration
2 issues framed by the court
Whether the execution court order directing sale of the petitioner's share in the property was contrary to the terms of the compromise decree?
Whether the decree holder has the right to sell only their half share as per the compromise agreement?
Parties & counsel
- petitioner
Nissar
- respondent
Sheeja
Coram
Anil K. Narendran
Case details
As recorded by the court registry
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