Vinodini v. Ibrahim
Case brief
What is this about?
Petitioner (judgment debtor) challenged orders closing execution proceedings alleging fraud and material irregularities. Single Bench held the order dismissing challenges without addressing specific allegations unsustainable.
What did the court decide?
Ext.P14 order set aside and matter remitted for fresh consideration of Ext.P12 after hearing parties and addressing allegations.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 1ST DAY OF MARCH 2024 / 11TH PHALGUNA, 1945
OP(C) NO. 874 OF 2020
AGAINST E.P. NO.162/2016 IN OS NO.69 OF 2013 OF SUB COURT, KOZHIKODE
PETITIONER/JUDGMENT DEBTOR:
1VINODINI (DIED)
AGED 66 YEARS
W/O. KALIGHAT VASU, CHATHAMANGALAM AMSOM, VELANNUR DESOM,
CHATHAMANGALAM P O, KOZHIKODE-673585.
*2MRINAL V V
AGED 32 YEARS
D/O LATE VINODINI PULIKKAPARAMBA KALIGHUT HOUSE CHOOLUR P O
KOZHIKODE, PIN - 673601
*ADDL. P2 IS IMPLEADED AS THE LEGAL HEIR OF DECEASED SOLE
PETITIONER VIDE ORDER DATED 25.03.2021 IN I.A.NO.1/2021,
BY ADV M.KRISHNAKUMAR
RESPONDENTS/DECREE HOLDER & DEFENDANTS 2 AND 3 & THE AUCTION PURCHASER:
1IBRAHIM
AGED 58 YEARS
S/O. MANTHOTTATHIL ANTHRUMAN, PARANNUR AMSOM DESOM,
PARANNUR P O-673575, KOZHIKODE.
*2P. SASIDHARAN (DELETED)
AGED 63 YEARS
S/O. PANDIKKOT GOPALAN, MELOLI HOUSE, MAKKADA AMSOM,
MORIKKARA DESOM, MORIKKARA P O-673611, KOZHIKODE.
*3NALINI E.P. ( DELETED)
AGED 50 YEARS
D/O. CHATHUNNI VAIDYAR, IDATHUMPADIKKAL HOUSE, NARIKKUNI
AMSOM DESOM, NARIKKUNI P O, 673585, KOZHIKODE.
Issues for consideration
3 issues framed by the court
Whether Ext.P14 order closing the execution petition can be sustained without addressing the allegations of fraud and material irregularities raised in Ext.P12.
Whether the execution proceedings culminating in the sale were vitiated by fraud and material irregularities as alleged by the petitioner.
Whether the Sub Judge should have considered the contentions raised in Ext.P12 application before confirming the sale and closing the execution petition.
Parties & counsel
- petitioner
MRINAL V V
- respondent
IBRAHIM
- respondent
N.P. ABDUL GAFOOR
Coram
Case details
As recorded by the court registry
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