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MAHEEN versus R.S. MANI

High Court of Kerala

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MAHEEN v. R.S. MANI - CRP No. 238 of 2006 [2006] RD-KL 1480 (31 October 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 238 of 2006()

1. MAHEEN, S/O.BASHEER,
... Petitioner

Vs

1. R.S.MANI, S/O.RAGHAVAN,
... Respondent

For Petitioner :SRI.P.V.KUNHIKRISHNAN

For Respondent :R.S KALKURA

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

Dated :31/10/2006

O R D E R

M.SASIDHARAN NAMBIAR,J.

C.R.P .NO. 238 OF 2006 Dated 31st October 2006

O R D E R

Petitioner is second judgment debtor. Respondent is decree holder. When property is directed to be sold, petitioner filed E.A.101/2006 contending that order for sale was passed without issuing notice to petitioner and hence property cannot be sold. Learned Munsiff dismissed the petition on 4/3/2006. This revision petition is filed on 28/4/2006. As per order dated 2/5/2006 interim stay was granted. It was also made clear that petitioner is entitled to file application under Order XXI Rule 90 of Code of Civil Procedure, to set aside sale. Learned counsel appearing for petitioner submitted that petitioner has already filed that application and it is pending before the executing court. Petitioner is permitted to raise all contentions raised in this petition before executing court. In such circumstances executing court is 2 directed to dispose the same on merits, untrammelled by any observation made in the order passed on 4/3/2006. Revision petition is disposed of accordingly. M.SASIDHARAN NAMBIAR,

JUDGE.

uj.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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