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2006 Supreme(Ker) 5

V.RAMKUMAR
M. S. M. Haneefa – Appellant
Versus
United Finance Corporation – Respondent


Judgment :-

The judgment-debtor in E.P. 193/95 in O.S.57/1985 on the file of the Subordinate Judge’s Court, Neyyattinkara, is the revision petitioner. The said suit was one for realization of money. The suit was decreed and in execution of the decree an item of property belonging to the revision petitioner/judgment-debtor was brought to sale and purchased by the plaintiff/decree-holder. E.A. 297/2003 was filed by the plaintiff/decree-holder/auction purchaser for delivery of the property purchased by him. The revision petitioner resisted the said application by filing objections to the same. Overruling the objections the court below, as per the impugned order dt.12.8.2005 allowed the application for delivery filed by the auction purchaser. It is the said order which is assailed in this revision petition.

2. I heard Advocate Sri. Shinod G.P., the learned counsel appearing for the revision petitioner as well as the learned counsel appearing for the decree-holder/auction purchaser.

3. Adv. Sri John Joseph Vettikkad appearing for the decree-holder/auction purchaser made the following submissions before me in support of the impugned order:-

The contention of the judgment-debtor/revision pe














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