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2004 Supreme(Ker) 387

K.PADMANABHAN NAIR
Krishna Raveendra babu – Appellant
Versus
Pappukutty Venugopalan @ Venugopal Sodar – Respondent


Judgment :-

The 6th judgment debtor in E.P.No.26 of 2004 in O.S.No.99 of 1976 on the file of the subordinate Judge’s Court, Nedumangad is the petitioner in W.P.(C) No.18707/2004. This Writ petition is filed challenging an order of delivery of decree schedule property passed by the executing court without notice too the judgment debtor.

2. W.P.(C)No.19507 of 2004 is filed by one of the decree holders challenging the order of redelivery of the suit property passed by the very same court.

3. The Respondents 1 to 26 and four other together filed O.S.No.99 of 1976 for redemption of a mortgage and recovery of the suit property. A decree allowing redemption was passed on 8-9-1978. Iin S.A. No.250 of 1984 this court by judgment dated 22.3.1991 modified the decree passed by the trial court as a preliminary decree. Subsequently a final decree was passed on 31.5.2003.

4. The decree holders filed e.P.No.26 of 2004 for delivery of the decree schedule property. The prayer No.2 in the execution petition was to issue notice to the judgment debtors and thereafter effect delivery through court. The above prayer reads as follows:

Even though the prayer in the execution petition was to effect delivery wi






































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