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KUMAR, AGED 41, W/O.KOLLEKKAT MOHANAN versus SUVARNA KURIES AND LOANS (P)LTD.

High Court of Kerala

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KUMAR, AGED 41, W/O.KOLLEKKAT MOHANAN v. SUVARNA KURIES AND LOANS (P)LTD. - WP(C) No. 31169 of 2006(I) [2007] RD-KL 267 (4 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 31169 of 2006(I)

1. KUMAR, AGED 41, W/O.KOLLEKKAT MOHANAN,
... Petitioner

Vs

1. SUVARNA KURIES AND LOANS (P)LTD.,
... Respondent

For Petitioner :SRI.K.A.SREEJITH

For Respondent :SRI.N.SUBRAMANIAM

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

Dated :04/01/2007

O R D E R

M.SASIDHARAN NAMBIAR, J.

W.P.C.NO.31169 OF 2006 (I)

Dated this the 4 th day of January, 2007.



J U D G M E N T

Petitioner is judgment debtor and respondent the decree holder. In execution of the decree in O.S.392/02 on the file of Sub Court, Thrissur, respondent filed E.P.620/03. Property of petitioner was sold in court auction sale and sale was confirmed. When the case was posted for delivery, this petition was filed under Article 227 of Constitution of India, contending that petitioner is prepared to pay the entire amount due to the decree holder including the interest, cost and other expenses.

2. Learned counsel appearing for petitioner and respondent were heard.

3. As rightly pointed out by petitioner, if the challenge is against the sale due to irregularity of sale, remedy is to file an application under Order XXI Rule 90 to set aside the sale and if such an application was filed and dismissed, remedy is to file an appeal against that order. After the sale of the property, petitioner is not entitled to contend that he is to be permitted to pay the decree debt in installments. Learned counsel appearing for petitioner submits that petitioner is prepared to pay to the decree holder the entire decree W.P.C.NO.31169 OF 2006 (I) 2 debt with interest and expenses to the decree holder. Learned counsel appearing for decree holder submits that decree holder has no objection for giving back the property purchased in court auction sale, provided petitioner pays the entire amount due to the decree holder including the interest and expenses, within a time. This petition is therefore disposed providing that if petitioner deposits the entire amount due to the decree holder under the decree including up to date interest, cost and other expenses, including expenses for stamp paper within thirty days from this date, executing court to pass appropriate order directing decree holder to re-convey the property in favour of the judgment debtor. If the petitioner does not deposits the amount and files the application, executing court to order delivery of the property. M.SASIDHARAN NAMBIAR,

JUDGE.

bkn


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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