K. VILASINI vs EDWIN PERIERA - 2008 Supreme(SC) 1306

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2008 Supreme(SC) 1306

K. VILASINI – Appellant
Versus
EDWIN PERIERA – Respondent

JUDGMENT (S.B. Sinha, J.)

1. Leave granted.

2. This appeal is directed against the judgment and order dated 6.3.2006 passed by the High Court of Kerala in Writ Petition (C) No. 33208 of 2005 and I.A. No. 3350 of 2006 in Writ Petition No. 12156 of 2005.

2.1 Defendant - judgment debtor is the appellant before us.

2.2 The properties in suit belonged to one Francis Periera (Periera), the predecessor-in-interest of the respondent. A deed of usufructuary mortgage was executed by him in favour of one Kumaran Kesevan, the predecessor- in-interest of the appellants. Periera is said to have executed a will in terms whereof the equity of redemption in respect of the said mortgage ultimately devolved on some of his children. A suit was filed for redemption of the said mortgage by his successors. A preliminary decree was passed therein. Final decree was passed on 11.7.1997 directing the respondents herein to deposit a sum of Rs.41,33,508.70 within a period of six months purported to be as a part of the redemption being the value of the substantial improvements effected by the mortgagees in the said properties. Indisputably, the said amount was not deposited. An application for extension of time