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EXPRESS MALAYALAM v. GURUVIJAYA KURI - EFA No. 33 of 1998  RD-KL 7218 (9 April 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMEFA No. 33 of 1998()
1. EXPRESS MALAYALAM
1. GURUVIJAYA KURI
For Petitioner :SRI.K.P.DANDAPANI
For Respondent :SRI.N.P.SAMUEL
The Hon'ble MR. Justice K.PADMANABHAN NAIR
O R D E R
K.Padmanabhan Nair,J.E.F.A.No.33 of 1998
Dated, this the 9th day of April, 2007
The claimant in E.A.No.1144 of 1996 in E.P.No.315 of 1995 in O.S.No.1065 of 1992 on the file of II Additional Sub Court, Thrissur is the appellant. The property belonging to the judgment debtors was brought to sale by the 1st respondent , a Kuri Company. The appellant filed a claim petition under Order XXI Rule 58 of the Code of Civil Procedure raising a contention that the property belongs to the appellant Company. But, Exhibit B1 produced before the Court below showed that the property stood in the name of the 2nd respondent. So, the executing Court dismissed the petition filed under Order XXI Rule 58. Challenging that order, this appeal is filed.
2. It is seen that thereafter the very same appellant filed O.S.No.671 of 1995 for a declaration that it is the owner of the property. The defendants in O.S.No.671 of 1995 filed O.S.No.1533 of 1995 before the said Court for the very same relief. The suit filed by the appellant was dismissed on merits. So, E.F.A.No.33 of 1998 on that ground also, the decision of the executing Court cannot be interfered with in this appeal. So, the appeal is only to be dismissed. In the result, the appeal is dismissed. C.M.P.No.5586 of 1998 also shall stand dismissed. K.Padmanabhan Nair Judge vku/-
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