Saraswathy vs Sreedevi
2021 Latest Caselaw 227 Ker

             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:
                                      2
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 The original petition is dismissed as withdrawn.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

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.