Kerala High Court
Sushil Vijay Arora vs Sosamma Abraham on 6 November, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
MONDAY, THE 6TH DAY OF NOVEMBER 2023 / 15TH KARTHIKA, 1945
OP(C) NO. 2261 OF 2023
AGAINST THE ORDER/JUDGMENT OS 467/2013 OF ASSISTANT SESSIONS
COURT/I ADDITIONAL SUB COURT,ERNAKULAM
PETITIONERS:
SUSHIL VIJAY ARORA
AGED 62 YEARS
S/O K.V ARORA, 47/368, JM TOWER, 4A1, PT ROAD,
VADUTHALA, ERNAKULAM, PIN - 682023
BY ADVS.
S.RENJITH
P.K.SREEVALSAKRISHNAN
KRISHNA DAS
K.R.PRATHISH
S.UNNIKRISHNAN (NELLAD)
JOEL CHALAMANA
RESPONDENTS:
1 DR. JOLY JACOB
DENTIST, S/O K.C CHACKO, NO. 344 SALEM ROAD,
MOORESTOWN, NEW JERSEY-08057 REPRESENTED BY HER POWER
OF ATTORNEY HOLDER P.C. THOMAS, S/O. CHACKO CHACKO,
PARUVAMOOTTIL, KALLUNKAL P.O, NEDUMPROM VILLAGE,
THIRUVALLA TALUK, PATHANAMTHITTA, PIN - 689102
2 ANNIE JOLY JACOB
AGED 50 YEARS
W/O DR. JOLY JACOB, NO. 344 SALEM ROAD, MOORESTOWN, NEW
JERSEY-08057 REPRESENTED BY HER POWER OF ATTORNEY
HOLDER P.C. THOMAS, S/O. CHACKO CHACKO, PARUVAMOOTTIL,
KALLUNKAL P.O, NEDUMPROM VILLAGE, THIRUVALLA TALUK,
PATHANAMTHITTA, PIN - 689102
3 M/S STAR HOMES & RESORTS PVT LTD,
PRESENTLY HAVING ADDRESS AT SOUTH STAR APARTMENTS,
NO.38/2378-A4, COCHIN CORPORATION, EAST OF KS R T C BUS
STAND, ERNAKULAM, ELAMKULAM VILLAGE, PIN- 682 035 ALSO
HAVING ADDRESS AS CHERUPARAMBATHU ROAD, KADAVANTHRA,
ERNAKULAM REPRESENTED BY MANAGING DIRECTOR AJAY
VARGHESE GEORGE, PIN - 682020
4 M/S STAR FOUNDATION AND STRUCTURES PVT LTD,
PRESENTLY HAVING ADDRESS AT SOUTH STAR APARTMENTS,
NO.38/2378-A4, COCHIN CORPORATION, EAST OF KS R T C BUS
STAND, ERNAKULAM, ELAMKULAM VILLAGE, PIN- 682 035 ALSO
OP(C) NO. 2261 OF 2023 and OP(C) NO. 2282 OF 2023 2
HAVING ADDRESS AS CHERUPARAMBATHU ROAD,
KADAVANTHRA, ERNAKULAM REPRESENTED BY MANAGING
DIRECTOR AJAY VARGHESE GEORGE, PIN - 682020
5 AJAY VARGHESE GEORGE
AGED 55 YEARS
S/O K.V. GEORGE, AGED ABOUT 55 YEARS, MANAGING
DIRECTOR M/S STAR HOMES & RESORTS PVT LTD AND M/S
STAR FOUNDATION AND STRUCTURES PVT LTD, SOUTH STAR
APARTMENTS, NO.38/2378-A4, COCHIN CORPORATION, EAST
OF KS R T C BUS STAND, ERNAKULAM, ELAMKULAM
VILLAGE, ALSO HAVING ADDRESS AS CHERUPARAMBATHU
ROAD, KADAVANTHRA, PIN - 682035
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
06.11.2023, ALONG WITH OP(C).2282/2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
OP(C) NO. 2261 OF 2023 and OP(C) NO. 2282 OF 2023 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
MONDAY, THE 6TH DAY OF NOVEMBER 2023 / 15TH KARTHIKA, 1945
OP(C) NO. 2282 OF 2023
AGAINST THE ORDER/JUDGMENT OS 468/2013 OF ASSISTANT SESSIONS
COURT/II ADDITIONAL SUB COURT,ERNAKULAM
PETITIONERS:
SUSHIL VIJAY ARORA
AGED 62 YEARS
S/O K.V ARORA, 47/368, JM TOWER, 4A1, PT ROAD,
VADUTHALA, ERNAKULAM, PIN - 682023
BY ADVS.
S.RENJITH
S.UNNIKRISHNAN (NELLAD)
KRISHNA DAS
K.R.PRATHISH
JOEL CHALAMANA
P.K.SREEVALSAKRISHNAN
RESPONDENTS:
1 SOSAMMA ABRAHAM
CLAIMS SPECIALIST, W/O LATE SUNNY ABRAHAM, RESIDING
AT 84, DURNESS DRIVE, WILLIAMS TOWN, NEW JERSEY -
08094, U.S.A. REPRESENTED BY HER POWER OF ATTORNEY
HOLDER P.C. THOMAS, S/O. CHACKO CHACKO,
PARUVAMOOTTIL, KALLUNKAL P.O, NEDUMPROM VILLAGE,
THIRUVALLA TALUK, PATHANAMTHITTA, PIN - 689102
2 M/S STAR HOMES & RESORTS PVT LTD
PRESENTLY HAVING ADDRESS AT SOUTH STAR APARTMENTS,
NO.38/2378-A4, COCHIN CORPORATION, EAST OF KS R T C
BUS STAND, ERNAKULAM, ELAMKULAM VILLAGE, PIN-
682035 ALSO HAVING ADDRESS AS CHERUPARAMBATHU ROAD,
KADAVANTHRA, ERNAKULAM REPRESENTED BY MANAGING
DIRECTOR AJAY VARGHESE GEORGE, PIN - 682020
3 M/S STAR FOUNDATION AND STRUCTURES PVT LTD
PRESENTLY HAVING ADDRESS AT SOUTH STAR APARTMENTS,
NO.38/2378-A4, COCHIN CORPORATION, EAST OF KS R T C
BUS STAND, ERNAKULAM, ELAMKULAM VILLAGE, PIN- 682
035 ALSO HAVING ADDRESS AS CHERUPARAMBATHU ROAD,
KADAVANTHRA, ERNAKULAM REPRESENTED BY MANAGING
OP(C) NO. 2261 OF 2023 and OP(C) NO. 2282 OF 2023 4
DIRECTOR AJAY VARGHESE GEORGE, PIN - 682020
4 AJAY VARGHESE GEORGE
AGED 55 YEARS
S/O K.V. GEORGE, MANAGING DIRECTOR M/S STAR HOMES &
RESORTS PVT LTD AND M/S STAR FOUNDATION AND
STRUCTURES PVT LTD, SOUTH STAR APARTMENTS,
NO.38/2378-A4, COCHIN CORPORATION, EAST OF KS R T C
BUS STAND, ERNAKULAM, ELAMKULAM VILLAGE, PIN-
682035 ALSO HAVING ADDRESS AS CHERUPARAMBATHU ROAD,
KADAVANTHRA, ERNAKULAM, PIN - 682020
BY. ADVS.
M.P RAMNATH
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
06.11.2023, ALONG WITH OP(C).2261/2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
OP(C) NO. 2261 OF 2023 and OP(C) NO. 2282 OF 2023 5
JUDGMENT
Dated this the 6th day of November, 2023
The petitioner herein is an auction purchaser in E.P No.
11/2018 in O.S No. 467/2013 and E.P No. 12/2018 in O.S. No.
468/2013, both of Sub Court-II, Ernakulam. His short
grievance is that, he could not pay 75% of the auction
amounts within the time stipulated by the Court below,
though he deposited 25% of the same within 15 days, as
envisaged by the statute. Applications preferred by the
petitioner/auction purchaser in the respective E.P's were
dismissed by the Court below, stating that, there is no
provision in the Code of Civil Procedure to extend the time
stipulated.
Heard the learned counsel for the petitioner, who
would submit that the petitioner is prepared to deposit the
balance 75% of auction amounts before 1. P.M, tomorrow in
both the E.P's. The said submission is accepted and if the
petitioner effects such payments, the re-sale in both the
E.P's, which is scheduled tomorrow, will be adjourned for
appropriate orders by the learned Sub Judge. In case, such
amounts are not deposited within the time stipulated
above, the re-sale shall proceed as scheduled in accordance
OP(C) NO. 2261 OF 2023 and OP(C) NO. 2282 OF 2023 6
with law. The learned Sub Judge shall ensure that the fact
that the case is not posted tomorrow will not stand in the
way of depositing the amounts as directed above; and
application if any, preferred by the petitioner herein
seeking the matters to be posted tomorrow, to record the
deposit as directed, will be entertained. These original
petitions are disposed of as above.
H/O Sd/-
C. JAYACHANDRAN
JUDGE
Asw
OP(C) NO. 2261 OF 2023 and OP(C) NO. 2282 OF 2023 7
APPENDIX OF OP(C) 2261/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE IN E.P NO. 11 OF 2018 IN
O.S NO. 467 OF 2013 OF SUB COURT-II,
ERNAKULAM DATED 15.01.2018
Exhibit P2 TRUE COPY OF THE E.A NO. 535 OF 2023 IN
E.P NO. 11 OF 2018 IN O.S NO. 467 OF 2013
FILED BEFORE THE SUB COURT-II, ERNAKULAM
Exhibit P3 TRUE COPY OF THE ORDER DATED 15.09.2023
IN E.A NO. 535 OF 2023 IN E.P NO. 11 OF
2018 IN O.S NO. 467 OF 2013 OF SUB COURT-
II, ERNAKULAM
OP(C) NO. 2261 OF 2023 and OP(C) NO. 2282 OF 2023 8
APPENDIX OF OP(C) 2282/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE IN E.P NO. 12 OF 2018 IN
O.S NO. 468 OF 2013 OF SUB COURT-II,
ERNAKULAM DATED 15.01.2018
Exhibit P2 TRUE COPY OF THE E.A NO. 533 OF 2023 IN
E.P NO. 12 OF 2018 IN O.S NO. 468 OF 2013
FILED BEFORE THE SUB COURT-II, ERNAKULAM
DATED 05.09.2023
Exhibit P3 TRUE COPY OF THE ORDER DATED 15.09.2023
IN E.A NO. 533 OF 2023 IN E.P NO. 12 OF
2018 IN O.S NO. 468 OF 2013 OF SUB COURT-
II, ERNAKULAM
OP(C) NO. 2261 OF 2023 and OP(C) NO. 2282 OF 2023 9
