Sharafunnisa.T.P vs Kunhasiya.M.A
2025 Latest Caselaw 486 Ker

Kerala High Court

Sharafunnisa.T.P vs Kunhasiya.M.A on 2 July, 2025

O.P.(C) No. 2331 of 2024

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              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
               THE HONOURABLE MR. JUSTICE K. NATARAJAN
  WEDNESDAY, THE 2ND DAY OF JULY 2025 / 11TH ASHADHA, 1947
                           OP(C) NO. 2331 OF 2024
  AGAINST THE ORDER DATED 02.09.2024 IN EA NO.141/2024 IN
  EP       NO.100   OF     2023   OF    ASSISTANT   SESSIONS   COURT/SUB
  COURT/COMMERCIAL COURT, HOSDRUG

PETITIONER/PETITIONER/RESPONDENT:

              SHARAFUNNISA.T.P
              AGED 52 YEARS, W/O.MUHAMMEDKUNHI,
              R/AT AL-NOOR MANZIL, MUNDATHODU, BAVA NAGAR,
              KANHANGAD VILLAGE AND POST, HOSDURG TALUK,
              KASARAGOD DISTRICT, PIN - 671 315.


              BY ADVS.
              SRI.A.ARUNKUMAR
              SRI.S.SHYAM KUMAR
              SHRI.SACHIN GEORGE ARAMBAN
              SMT.NESILI NAZEER




RESPONDENTS/RESPONDENT/PETITIONER:

       1      KUNHASIYA.M.A
              AGED 51 YEARS, W/O.SUBAIR,
              R/AT JUSAINA MANZIL, PATTILLATH, AVIKKARA,
              P.O.KANHANGAD, HOSDURG TALUK, KASARAGOD DISTRICT,
              PIN - 671 315.

    2**       ARIF ABDULLA
              C/O NAFEESA, BAITHUL HYATT, BILAL NAGAR,
              PALLIKKARA, HOSDURG, KASARAGOD, PIN 671 316.

              [** ADDITIONAL RESPONDENT NO.2 IS IMPLEADED AS
 O.P.(C) No. 2331 of 2024

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              PER ORDER DATED 22/10/2024 IN IA 1/2024 IN OP (C)
              NO.2331/2024]


              BY ADVS.
              SRI.RAHUL SASI
              SMT.NEETHU PREM
              SMT.MALAVIKA C.S.
              SMT.MARIYA JOSEPH
              SMT.FIDA HUSNA P.P.
              SRI.P.VISHNU PRASAD



       THIS      OP        (CIVIL)   HAVING     BEEN   FINALLY   HEARD   ON
02.07.2025,        THE      COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 O.P.(C) No. 2331 of 2024

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                              JUDGMENT

(Dated this the 2nd day of July, 2025)

This petition is filed by the petitioner/judgment

debtor by challenging the order passed by the Subordinate

Judge, Hosdurg in EP No.100/2023.

2. Heard the learned counsel for the petitioner and

the learned counsel for the respondent Nos.1 & 2.

3. The case of the petitioner is that the respondent

No.1 filed EP No.100/23 arising out of O.S.No.25/22 for

realisation of Rs.14,29,570/-. The petitioner being the

judgment debtor not able to deposit the money, hence, the

property of the judgment debtor has been able to attach

and a sale proclamation was also issued by the execution

court. It is submitted that the auction sale was on

03.09.2024. The 2nd respondent was the auction

purchaser, deposited Rs.21,00,600/- before the execution

court on 23.09.2024. Challenging the same, the petitioner

filed this petition.

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4. During the pendency of this petition, the

petitioner was directed to deposit some amount in the

execution Court. Accordingly, the petitioner said to be

deposited Rs.3 Lakhs initially in the execution court.

Thereafter, Rs.4 Lakhs deposited as per the order dated

18.04.2025, hence, Rs.7 Lakhs already deposited and

remaining Rs.7 Lakhs with interest to be payable by the

petitioner. The petitioner submits that he is ready to pay

the amount to the 1st respondent and also submits that he

will undertake to pay interest to the 2 nd respondent for the

amount of Rs.21,00,600/- deposited by him in the execution

court, towards the purchase of the property at the auction

sale. Though, the learned counsel for the respondent

objected, but however the amounts Rs.7 Lakhs is pending

or lying in the execution court which was deposited by the

petitioner and Rs.21,00,600/- deposited by the 2nd

respondent also pending or lying in the execution court.

5. In view of the submission of the learned counsel

for the petitioner, it is necessary to issue a direction to the

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execution Court to accept the amount deposited by the

petitioner with interest to the decree holder and also 13%

interest to the 2nd respondent on the Rs.21,00,600/-

deposited by him in the execution court.

5. Accordingly, this Court passed the following

orders:-

i. The Original petition is disposed of.

ii. The trial Court is directed to receive

remaining Rs.7 Lakhs and award amount

with interest payable to the decree holder

up to date with interest and also refund

Rs.21,00,600/- deposited by the 2nd

respondent to the auction purchaser

together with 13% interest till date payable

by the petitioner/Judgment debtor and

dispose the execution petition, it is said to

be presently closed by the trial court.

iii. The parties shall appear before the

execution court on 08.07.2025 and the

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petitioner shall deposit the amount on the

same date.

Sd/-

K. NATARAJAN JUDGE

S.M.K.

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APPENDIX OF OP(C) 2331/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED 11- 08-2023 IN O.S.NO.25 OF 2022 OF THE SUBORDINATE JUDGE'S COURT, HOSDURG Exhibit P2 A TRUE COPY OF E.P.NO.100 OF 2023 BEFORE THE SUBORDINATE JUDGE'S COURT, HOSDURG DATED 29-11-2023 Exhibit P3 A TRUE COPY OF THE PROCEEDINGS OF THE EXECUTION COURT DATED 31-05-2024 Exhibit P4 A TRUE COPY OF THE PROCEEDINGS OF THE EXECUTION COURT DATED 25-06-2024 Exhibit P5 A TRUE COPY OF E.A.NO.141 OF 2024 DATED 30-08-2024 Exhibit P6 A TRUE COPY OF THE ORDER DATED 02-09-

2024 IN E.A.NO.141 OF 2024 IN E.P.NO.100 OF 2023 OF THE SUBORDINATE JUDGE'S COURT, HOSDURG Exhibit P7 A TRUE COPY OF THE PROCEEDINGS OF THE EXECUTION COURT DATED 04-09-2024