Viswanathan P vs Mohanakrishnan
2021 Latest Caselaw 10613 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

  MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

                    OP(C).No.433 OF 2021

    E.A.NO.70/2021 IN EP NO.661/2017 IN OS 95/2012 OF I
              ADDITIONAL SUB COURT, KOZHIKODE


PETITIONER/4TH APPLICANT:

            VISWANATHAN P
            AGED 45 YEARS
            S/O. LATE R.RAGHAVAN NAIR, KOLATHAYIL HOUSE,
            PALLIPURAM, OLAVANNA, KOZHIKODE-673019.

            BY ADV. SMT.R.RANJANIE

RESPONDENTS/RESPONDENTS:

      1     MOHANAKRISHNAN, AGED 50 YEARS
            S/O. LATE RAMACHANDRAN NIAR, AISWARYIA,
            KAVILKOTTA PARAMBU, VALAYANADU AMSOM, DESOM,
            KOZHIKODE TALUK, PIN-673004.

      2     HARINDRANATH,
            AGED 40 YEARS
            S/O. LATE RAGHAVAN NIAR, KOLATHAYIL HOUSE,
            PALLIPPURAM, OLAVANNA, KOZHIKODE-673019.

            R1 BY ADV. SRI.V.V.SURENDRAN
            R1 BY ADV. SRI.P.A.HARISH
            R1 BY ADV. SMT.DONA PAUL

     THIS  OP  (CIVIL)      HAVING     BEEN   FINALLY  HEARD ON
29.03.2021, THE COURT       ON THE     SAME   DAY DELIVERED THE
FOLLOWING:
 O.P.(C)No.433 of 2021

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            Dated this the 29th day of March, 2021


                         J U D G M E N T

One of the applicants in Ext.P2 claim petition

(E.A.No.70/2021 in E.P.No.661/2017 in

O.S.No.95/2012) has filed this original petition

for a direction to be issued to the court below for

disposal of Ext.P2 application, before it takes up

the sale proceedings in execution petition for

consideration.

2. I heard the learned counsel for the

petitioner as well as the first respondent/decree

holder.

3. The decree that is being executed is for

realisation of money. It is submitted that the

court below has initiated proceedings for sale of

Ext.P3 schedule property. The grievance expressed

by the applicant is that without Ext.P2 claim

application being decided, it may not be legal and O.P.(C)No.433 of 2021

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fair enough for the court below to proceed with the

sale of the property. The submission made by the

learned counsel for the petitioner appears to be

sound.

In the result, the original petition is

disposed of calling upon the court below to take up

E.A.No.70/2021 for initial consideration and

dispose it of in accordance with law after hearing

the parties before deciding upon sale of Ext.P3

property. The claim petition may be disposed of

within a period of one month month from the date of

production of certified copy of this judgment and

the execution petition itself may be disposed of

within three months thereafter.

All pending interlocutory applications are

closed.

Sd/-

T.V.ANILKUMAR JUDGE ami/ O.P.(C)No.433 of 2021

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APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 PHOTOCOPY OF THE E.P.661/2017 IN O.S.NO.95/2012.

EXHIBIT P2 PHOTOCOPY OF THE EA.NO.70/2021 IN EP.

NO.661/2017 IN O.S.NO.95/2012.

EXHIBIT P3 PHOTOCOPY OF THE ATTACHMENT SCHEDULE PRODUCED IN EXT.P-1 E.P.

EXHIBIT P4 PHOTOCOPY OF THE PARTITION DEED BEARING NO.4537/1994 OF CHEVAYOOR SUB REGISTRY OFFICE.