For Information Purpose Only vs Kuruvilla Abraham Thomas
2021 Latest Caselaw 10314 Ker

OP(C) 770/2021                             1/2



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        Present:
                 THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

                  Friday, the 26th day of March 2021/5th Chaithra, 1943
                                  OP(C) No.770/2021

            For information purpose only
EP NO. 4/2019 of the SUB COURT DEVIKULAM IN OS No.168/2016 of the
PRINCIPAL SUB COURT, ERNAKULAM.

PETITIONER/ DECREE HOLDER/ PLAINTIFF
       KURUVILLA ABRAHAM THOMAS,AGED 28 YEARS
       S/O AK. ABRAHAM, ARONNIL HOUSE, RAMAMANGALAM,
       ERNAKULAM-686 603, REPRESENTED BY HIS POWER OF ATTORNEY
       HOLDER BY ADV. P KURUVILLA JACOB, S/O JACOB KURUVILLA,
       OTTATHYCAL HOUSE, NATTAKAM VILLAGE, KOTTAYAM TALUK,
       KOTTAYAM DISTRICT.

RESPONDENTS/ JUDGMENT DEBTORS/ DEFENDANTS

1. M/S CORAL SHELTERS AND BUILDERS PVT LTD.
     REPRESENTED BY ITS MANAGING DIRECTOR SUNIL K SREEDHAR,
     NO 101, SEETHAI VIHAR APARTMENTS, 2ND MAIN , 3RD CROSS,
     CHAMUNDESWARI LAYOUT, VIDHYARANIYAPURAM,
     BANGALORE-560 097, WITH CORPORATE OFFICE AT 34/383,PRA 135,
     HERMONE, PADIVATTOM, EDAPPALLY P.O.KOCHI-682 024.

2. MR SUNIL K SREEDHAR,
    NO 101, SEETHAI VIHAR APARTMENTS, 2ND MAIN 3RD CROSS,
    CHAMUNDESWARI LAYOUT, VIDHYARANIYAPURAM,
    BANGALORE-56 0097.

   OP (Civil) praying inter alia that in the circumstances stated in the affidavit filed
along with the OP(C) the High Court be pleased to direct the court below to conduct
the sale of the schedule property (Exhibit P3) in E.P No. 4/2019 of the Sub Court,
Devikulam expeditiously within a specified period, pending disposal of the above
O.P (C).
 OP(C) 770/2021                           2/2



  This petition coming on for admission upon perusing the petition and the affidavit
filed in support of OP(C) and upon hearing the arguments of M/S A.K.ALEX,
Advocate for the petitioner, the court passed the following
                                     ORDER

Issue notice before admission to respondents by speed post. Exhibit P6 B- diary in EP No. 4/2019 on the files of Sub Court, Devikulam, shows that proclamation was For information purpose only settled once and the property was ordered to be put up for sale. It seems, later the court below issued Rule 66 of notice to parties as if the proclamation is yet to be settled. The sub Court, Devikulam, may send a report as to the anomaly pointed out by the learned counsel for the petitioner in this respect. The report shall reach this court on 08-04-2021.

Post on 09-04-2021.

26-03-2021 Sd/-

T.V.ANILKUMAR,JUDGE

/true copy/ Sd/-

ASSISTANT REGISTRAR

EXHIBIT P3 - TRUE COPY OF AFFIDAVIT DATED 31.1.2019 OF THE PETITIONER AND THE NOTIFICATION SCHEDULE OF THE PROPERTY TO BE SOLD IN EXECUTION OF DECREE FILED ALONG WITH EXT P1 PETITION.

EXHIBIT P6 - TRUE COPY OF THE B-DIARY PROCEEDINGS OF THE SUB COURT, DEVIKULAM IN EP NO 4/2019 FROM 18.2.2020 TO 15.12.2020