Over 2 lakh Indian cases. Search powered by Google!

Case Details

SYAMALA, W/O.VADAKKEDATHU KUTTY & versus OLLUR SADHU SAMRAKSHSNA SANGHAM

High Court of Kerala

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


SYAMALA, W/O.VADAKKEDATHU KUTTY & v. OLLUR SADHU SAMRAKSHSNA SANGHAM - Ex FA No. 26 of 2005 [2007] RD-KL 16142 (20 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Ex FA No. 26 of 2005()

1. SYAMALA, W/O.VADAKKEDATHU KUTTY &
... Petitioner

Vs

1. OLLUR SADHU SAMRAKSHSNA SANGHAM,
... Respondent

2. PARAMESWARAN, S/O.MATHELI KUNJAYAPPAN,

3. NARAYANAI, W/O.PARAMESWARAN,

For Petitioner :SRI.K.S.BHARATHAN

For Respondent :SRI.JIJO PAUL

The Hon'ble MR. Justice K.PADMANABHAN NAIR

Dated :20/08/2007

O R D E R

K. PADMANABHAN NAIR ,J

Ex.F.A.No.26 of 2005

Dated, this the 20th day of August, 2007



JUDGMENT

When the appeal comes up for hearing the learned counsel appearing for both sides submits that the matter has been settled out of court. Counsel appearing for the contesting respondent submits that he had received the entire amount due under the decree and as such he is not interested in the property sold. Since the entire amount due under the decree was paid back to the decree holder/purchaser, it is only just and proper that the appeal is allowed setting aside the sale so that there will not be any future complications regarding the title of the property. In the result, Execution First Appeal is allowed. The order passed by the court below dismissing E.A.No.326/2004 is hereby set aside and the sale conducted in pursuance of the order passed in E.P.No.25/1992 in O.S.No.332/1987 and subsequently confirmed is also set aside. It is open to the decree holder to produce stamp papers in which the sale certificate had written before the competent authority claiming refund on the ground that those stamp papers are soiled. If decree holder/purchaser produces the stamp papers along with an application praying for refund before the competent authority within one month from the date of receipt of a copy of this judgment, the authority shall consider the Ex.F.A.No.26/2005 -: 2 :- request and pass appropriate orders in accordance with law in that application. There will be a direction to the Office to send back the records forthwith. I.A.No.1882/2005 will stand dismissed. K. PADMANABHAN NAIR

JUDGE

cks


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

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.