IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942
OP(C).No.13 OF 2021
AGAINST THE ORDER/JUDGMENT IN OS 11/2015 OF SUB COURT, MAVELIKKARA
PETITIONER/ DEFENDANT - 2/JUDGMENT DEBTORS-2:
SARASWATHY
AGED 57 YEARS
W/O.SOMAN, MUTTATHERIL, CHERAVALLI MURI, KAYAMKULAM,
ALAPPUZHA DISTRICT, PIN CODE NO.690502.
BY ADV. SRI.P.V.VENUGOPAL
RESPONDENT/PLAINTIFF/DECREE HOLDER:
SREEDEVI
AGED 47 YEARS
W/O.MANIYAN, SREENILAYAM, CHERAVALLI MURI,
KAYAMKULAM, ALAPPUZHA DISTRICT, PIN CODE NO. - 690
502.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP(C).No.13 OF 2021
JUDGMENT
The learned counsel for the petitioner seeks permission to withdraw the original petition without prejudice to her rights. Permission granted. The original petition is dismissed as withdrawn.
Sd/-
SATHISH NINAN
rsr JUDGE
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OP(C).No.13 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY EXECUTION PETITION BY INVOKING
ORDER 21 RULE 10 & 11 IN E.P.NO.45/2017 O.S.NO.11/ ESTIMATED VALUATION FOR THE PROPERTY ONLY AS RS 8 LAKHS FOR 15 CENTS.
EXHIBIT P2 TRUE COPY OF JUDGMENT IN O.P.(C) 1183/2019 CHALLENGING SALE PROCEEDS IN E.P.NO.45/2017 IN O.A.11/2015 DATED 16/06/2020 BY HONOURABLE HIGH COURT.
EXHIBIT P3 TRUE COPY OF SALE PROCLAMATION UNDER ORDER 21 RULE 66 IN E.P.NO.45/2017 IN O.S.11/2015 FIXING DATE OF SALE AS 04/1/2021 AT 2.30 PM IN COURT HALL SUB COURT, MAVELIKKARA WITHOUT REFLECTING VALUE OF BUILDING.
EXHIBIT P4 TRUE COPY OF PASSBOOK ISSUED BY KAYAKULAM CO-OPERATIVE BANK LTD. NO.A421 INDICATING LOAN WITH EQUITABLE MORTGAGE FOR 1 LAKHS.
EXHIBIT P5 TRUE COPY OF SEC 47 APPLICATION FILED AS EA 150/2020 IN E.P.NO.45/2017 IN O.S.11/2015 PENDING BEFORE SUB COURT, MAVELIKKARA CHALLENGING DECREE AS SUCH AS AN COME OF FRAUD.