Kerala High Court
P.A Abraham Tharakan vs Sunny Andraper on 21 November, 2024
O.P (C) No.2632 of 2024 1
2024:KER:87343
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH KARTHIKA, 1946
OP(C) NO. 2632 OF 2024
EP 126/2016 IN OS NO.180 OF 2015 OF PRINCIPAL MUNSIFF
COURT, CHERTHALA
PETITIONER/3RD PARTY:
P.A ABRAHAM THARAKAN,AGED 80 YEARS
S/O. P.K.ABRAHAM AYYANATTUPARAYIL , KOTTAYAM ROAD,
MUVATTUPUZHA ,ERNAKULAM DISTRICT, PIN - 686661
BY ADVS. RAVI KRISHNAN
ANJU P.
RESPONDENTS/DECREE HOLDER/JUDGMENT DEBTORS:
1 SUNNY ANDRAPER, AGED 54 YEARS
S/O.JOHN ANDRAPER MALIYEKKAL ,PALARIVATTOM
EDAPPALLY SOUTH, NOW RESIDING AT 7/52D,ANNAKUTTYS
MAVELIPURAM,KAKKAND,ERNAKULAM, PIN - 682030
2 VARGHESE (DIED)
S/O. VARKEY, AGED 52 YEARS, MANJADITHARA HOUSE,
NEAR ST.MICHAEL HIGH SCHOOL, KAVIL, PATTANAKKAD P.O.,
VAYALAR EAST,CHERTHALA, ALAPPUZHA DISTRICT, PIN -
688531
3 LISSY (DIED)
W/OVARGHESE , MANJADITHARA HOUSE,
NEAR ST.MICHAEL HIGH SCHOOL, KAVIL, PATTANAKKAD P.O.,
VAYALAR EAST,CHERTHALA ALAPPUZHA DISTRICT, PIN -
688531
4 ROSHINI
MANJADITHARA HOUSE, NEAR ST.MICHAEL HIGH SCHOOL,
KAVIL, PATTANAKKAD P.O.,VAYALAR EAST,CHERTHALA,
ALAPPUZHA DISTRICT, PIN - 688531
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21.11.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P (C) No.2632 of 2024 2
2024:KER:87343
VIJU ABRAHAM, J.
.................................................................
O.P (C) No.2632 of 2024
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Dated this the 21st day of November, 2024
JUDGMENT
Petitioner has approached this Court seeking a direction to the
Munsiff's Court, Cherthala to remove the affixture of Ext.P6 sale proclamation
notice issued in E.P.No.126 of 2016 in O.S.No.180 of 2015 as the same was
affixed in the property of the petitioner.
2. Admittedly the sale proclamation notice is in respect of the property
owned by respondents 2 to 4. Petitioner admits that the 4 th respondent is
residing in his house as permitted by him. Probably it is for the said reason that
the 4th respondent is residing in the house of the petitioner that Ext.P6 notice
was affixed in the property of the petitioner. A perusal of Ext.P6 notice would
also reveal that the sale proclamation notice is in respect of the property owned
by respondents 2 to 4. Therefore, I find no reason for the apprehension of the
petitioner that based on Ext.P6 the property of the petitioner would be
proceeded. If in any case any such act is initiated, the petitioner is free to
approach the court concerned seeking appropriate reliefs.
Original petition is closed as above.
Sd/-
VIJU ABRAHAM
JUDGE
cks
2024:KER:87343
APPENDIX OF OP(C) 2632/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SETTLEMENT DEED NO.
2160/1956 OF ARIKUTTY SRO
Exhibit P2 TRUE COPY OF THE LEGIBLE AND READABLE
COPY OF EXT.P1
Exhibit P3 TRUE COPY OF THE TAX RECEIPT ISSUED BY
THE VAYALAR EAST VILLAGE DATED 26.7.2024
Exhibit P4 TRUE COPY OF THE CERTIFICATE OF
ENCUMBRANCE ISSUED BY THE SUB REGISTRAR
OFFICE, CHERTHALA
Exhibit P5 TRUE COPY OF THE SKETCH PREPARED BY THE
GOVERNMENT LICENSED LAND SURVEYOR WITH
RESPECT TO THE PETITIONER'S PROPERTY
Exhibit P6 TRUE COPY OF THE SALE PROCLAMATION
ON THE FILES OF THE MUNSIFF COURT,
CHERTHALA
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED
28.3.2016 IN OS NO 180/2015 ON THE FILES
OF MUNSIFF COURT CHERTHALA
Exhibit P8 TRUE COPY OF THE EXECUTION PETITION IN
EP NO.126//2016 IN OS NO. 180/2015 ON
THE FILES OF THE MUNSIFF COURT,
CHERTHALA
