Sreekala P vs E.K. Sudha
2021 Latest Caselaw 8461 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                    &

          THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH

     MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942

                          OP (FC).No.303 OF 2020

EXPEDITIOUS DISPOSAL OF EA 54/2020 IN EP 63/2017 OF FAMILY COURT,
                             KOLLAM


PETITIONER/PETITIONER:

             SREEKALA P
             AGED 51 YEARS
             D/O. PARUKUTTY AMMA, REVATHY, KOONAYIL CHERRY,
             POOTHAKKULAM VILLAGE, PARAVUR P.O, KOLLAM TALUK.

             BY ADV. SMT.MINI GANGADHARAN

RESPONDENTS/DECREE HOLDER & JUDGMENT DEBTOR:

      1      E.K. SUDHA,
             AGED 53 YEARS
             D/O. NARAYANI, PADMAVILAS ANNEX, MUNDAKKAL WEST,
             MUNDAKKAL P.O, KOLLAM TALUK-691 001. (FROM K.R.
             SADANAM, KARAMCODE, EARATH CHERRY, CHATHANNOOR,
             KOLLAM).

      2      K.R. AJITH,
             54 YRS, S/O. RAMACHANDRAN, K.R. SADANAM, KARAMCODE
             P.O, EARATH CHERRY, CHATHANNOOR, KOLLAM-691 572

              BY   ADV.   SRI.M.KIRANLAL
              BY   ADV.   SRI.MANU RAMACHANDRAN
              BY   ADV.   SRI.T.S.SARATH
              BY   ADV.   SRI.R.RAJESH (VARKALA)
              BY   ADV.   SHRI.SAMEER M NAIR

     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION          ON
15.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(FC).No.303/2020
                                        2




                                   JUDGMENT

Dated this the 15th day of March 2021

A.MUHAMED MUSTAQUE, J

The petitioner is the auction purchaser in a sale

conducted in E.P.No.63/2017 on the files of the Family

Court, Kollam. The 1st respondent is the decree holder and

the 2nd respondent is the judgment debtor. The property

belongs to the judgment debtor is sold in auction and the

petitioner purchased the same. The petitioner has

approached this Court being aggrieved of the delay in

concluding the sale proceedings.

2. The sale certificate was issued to the petitioner

on 17.2.2020. Thereafter, the petitioner filed

E.A.No.54/2020 seeking direction against the respondents

herein who are the decree holder and judgment debtor to

settle the dispute between them and not to release the

auction amount till the property got mutated in her name.

3. We do not know how such a petition is maintainable

before the Family Court. Whether there is any liability

over the property can be decided by the appropriate forum

envisaged under law. The petitioner can very well seek

such a remedy against the attachment now made or any charge

made by the third party over the property before any other O.P.(FC).No.303/2020

appropriate forum. The Family Court has reported that no

steps were taken by the petitioner to serve notice on the

respondents. Learned counsel for the petitioner submits

that steps have been taken and service is complete and the

matter is posted to 17.4.2021. The Family Court is

directed to dispose of the EA, as expeditiously as

possible.

This O.P.(FC) is disposed of.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

                                            DR. KAUSER EDAPPAGATH

kp                  True copy                           JUDGE
                      P.A. To Judge
 O.P.(FC).No.303/2020




                           APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1             TRUE PHOTOCOPY OF PROCLAMATION SALE NOTICE

FOR THE AUCTION SALE TO BE CONDUCTED ON 12.04.2019.

EXHIBIT P2 TRUE COPY OF RECEIPT DATED 12.04.2019 ISSUED BY THE HEAD CLERK OF THE FAMILY COURT, KOLLAM FOR HAVING RECEIVED A SUM OF RS. 6,25,000/-.

EXHIBIT P3 TRUE COPY OF RATION CARD FOR THE PETITIONER.

EXHIBIT P4 TRUE COPY OF RECEIPT DATED 17.04.2019 FOR HAVING REMITTED THE BALANCE AUCTION PRICE OF RS. 18,75,000/-

EXHIBIT P5 TRUE COPY OF RECEIPT DATED 26.06.2019 ISSUED FROM THE SHERISTADAR OF THE FAMILY COURT, KOLLAM FOR HAVING THE PETITIONER REMITTED THE SUM OF RS. TWO LAKHS BEFORE THE DISTRICT TREASURY, KOLLAM TOWARDS STAMP DUTY THROUGH RECEIPT NO.47 DATED 26.06.2019.

EXHIBIT P6 TRUE COPY OF ORDER NO.M2-5184/2019/KOLLAM DATED 10.01.2020 OF THE KOLLAM DISTRICT REGISTRAR WHICH FIXED THE STAMP DUTY AT RS. TWO LAKHS.

EXHIBIT P7 TRUE COPY OF ORDER FOR PAYMENT DATED 10.01.2020 ISSUED BY THE FAMILY COURT, KOLLAM ALLOWED TO CREDIT THE AMOUNT REMITTED BY THE PETITIONER IN THE DISTRICT TREASURY TOWARDS DEFICIT STAMP DUTY.

EXHIBIT P8 TRUE COPY OF AUCTION SALE CERTIFICATE DATED 30.01.2020 ISSUED BY THE FAMILY COURT, KOLLAM IN FAVOR OF THE PETITIONER/AUCTION PURCHASER.

EXHIBIT P9 TRUE COPY OF ENCUMBRANCE CERTIFICATE FOR THE PETITIONER'S 11.33 ARES, WHICH IS 11.10. ARES IN REVENUE RECORDS IN RESURVEY NO. 466/12 (OLD SURVEY NO. 3640) AND BLOCK NO. 30 OF MEENADU VILLAGE, FORMERLY OWNED BY R2/ JUDGMENT DEBTOR FOR THE PERIOD FROM O.P.(FC).No.303/2020

1.01.1991 TO 27.02.2020.

EXHIBIT P10 TRUE COPY OF POWER OF ATTORNEY EXECUTED BY THE 1ST RESPONDENT IN FAVOUR OF DEVARAJ, PADMA NIVAS, MUNDAKKAL.

EXHIBIT P11 TRUE COPY OF NOTICE DATED 20.03.2020 ISSUED TO THE PETITIONER FROM THE FAMILY COURT, KOLLAM DIRECTING HER TO FILE OBJECTION , IF ANY,ON 30.03.2020, FOR THE CHEQUE APPLICATION NO. 18/19-20

EXHIBIT P12 TRUE COPY OF OBJECTION IN THE FORM OF AFFIDAVIT FILED BY THE PETITIONER SEEKING TO ABSTAIN FROM FURTHER STEPS FOR DISBURSAL ON THE CHEQUE APPLICATION ONLY AFTER THE PROPERTY GETS MUTATED IN HER NAME.

EXHIBIT P13 TRUE COPY OF E.A. NO. 54/2020 ON THE FILE OF THE FAMILY COURT, KOLLAM FILED BY THE PETITIONER SEEKING TO ABSTAIN FROM FURTHER STEPS FOR DISBURSAL ON THE CHEQUE APPLICATION ONLY AFTER THE PROPERTY GETS MUTATED IN THE NAME OFTHE PETITIONER.