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2006 Supreme(Ker) 217

R.BHASKARAN, K.T.SANKARAN
Beaver Estates Pvt. Ltd. – Appellant
Versus
Philip Thomas – Respondent


Judgment :-

Bhaskaran, J.

These two appeals are filed by the judgment debtors in Arbitration O.P.Nos.2 of 1995 and 38 of 1994 respectively. The Awards were passed by the City Civil Judge of Udupi in Karnataka State and they were transferred for execution to the Subordinate Judge's Court, Ernakulam. The appellants are the same in both the appeals. There were four Arbitration Original petitions against the appellants in which awards were passed and in two of them (Arb.O.P.Nos.26 of 1993 and 12 of 1994) full satisfaction was recorded and attachments were lifted. The validity of the sale in execution proceedings in the remaining two cases, is the question to be considered in these two appeals.

F.A.O.No.17 of 2005

2. This appeal arises out of the order in E.A.No.185 of 2001 in E.P.No.271 of 1997 in Art.O.P.No.2 of 1995 on the file of the principle Sub Court, Ernakulam. The execution petition was filed for realizing an amount of Rs.37,17,274/- by sale of seven items of properties. Though these items were shown separately it is not in dispute that they formed portions of a land called "Silver Sand Island" near Vyttila in Ernakulam City. Out of the seven items sold on 2-12-2000, sales of item














































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