Kizhakkayil Nazeema vs Sree Gokulam Chits And Finance ...
2021 Latest Caselaw 20300 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MR. JUSTICE P.SOMARAJAN
     THURSDAY, THE 30th DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
                           EX.FA NO. 19 OF 2021
    AGAINST THE ORDER DATED 13.08.2021 IN E.A.No.1015/2018 IN EP
         No.104/2017 OF ADDITIONAL DISTRICT COURT, THALASSERY
APPELLANT/PETITIONER:

           KIZHAKKAYIL NAZEEMA, AGED 48 YEARS,
           D/o KUNHABDULLA, RESIDING AT POTTERI HOUSE,
           PERINGATHUR AMSOM, KARIYAD DESOM, THALASSERY TALUK.

           BY ADV K.I.SAGEER


RESPONDENTS/RESPONDENTS:

     1     SREE GOKULAM CHITS AND FINANCE COMPANY LIMITED,
           NO.66, ARCOT ROAD, KODAMBAKKAM, CHENNAI - 600024,
           REP. BY P. A. HOLDER C. V. SIVADASAN,
           ASST. GENERAL MANAGER,
           SREE GOKULAM CHITS AND FINANCE LTD.,
           NADAPURAM BRANCH - 673 504.

     2     HAMEED KIDANHI, AGED 66 YEARS,
           S/o MAMMAD, KIDANHI HOUSE, PERINGATHUR AMSOM,
           KARIYAD DESOM, THALASSERY TALUK,
           KANNUR DISTRICT - 670 101.


     THIS EXECUTION FIRST APPEAL HAVING COME UP FOR ADMISSION ON
30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 EX. F.A.No.19 of 2021                     2




                                       JUDGMENT

The wife of judgment debtor came up under Order XXI

Rule 58 CPC at the execution stage of a decree against her

husband on the ground that the property sought to be

proceeded against not exclusively belonged to her husband

and that she is having half right over the property. Hence,

the property cannot be sold without locating the half

right. The said application was dismissed by the execution

court, against which this appeal.

When there is sale of fractional interest belonged to

her husband in court sale, the person who obtains the

property under the court sale would step into the shoes of

judgment debtor and became the co-owner of the property

with the other person to whom the remaining fractional

interest belongs and they can or the purchaser can very

well maintain a suit for partition and division of

property. As such, the rejection of application under Order

XXI Rule 58 CPC cannot be interfered with. Hence, the

appeal fails and it is dismissed in limine.

Sd/-

P.SOMARAJAN JUDGE DMR/-