SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1997 Supreme(Ker) 38

P.K.BALASUBRAMANYAN
Ouseph Joseph – Appellant
Versus
Thresia – Respondent


Judgment :-

Heard both sides.

This revision is by the judgment debtor. It challenges the order of the executing Court overruling two objections raised by the judgment debtor to the execution. In execution of decree for money, the property was sold on 13.3.1978. The judgment debtor filed an application for setting aside the sale by invoking O. XXIR. 90 of the Code of Civil Procedure. That application was dismissed for default and the sale was confirmed. Subsequently, the dismissal of the application was set aside and the application for setting aside the sale was restored. It was thereafter dismissed on merits on 18.3.1981. The judgment debtor challenged that order in an appeal in this Court by riling E.F. A. 7/81. During that appeal judgment debtor obtained a conditional order of stay of further proceedings in execution. When that appeal was pending, certain other interested persons filed applications E.A. Nos. 467,468 and 469 of 1981 (subsequently re-numbered as E.A. Nos. 91, 92 and 93 of 1985) for setting aside the sale. Those applications were entertained by the executing Court. After a trial of those applications the said applications were dismissed on 9.8.1988. The appeal E.F.






Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top