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1988 Supreme(Ker) 427

THOMAS
KRISHNAN ASSARI – Appellant
Versus
PARAMESWARAN PILLAI – Respondent


Judgment :-

1. An obstructor succeeded in two courts below in his resistance against delivery of a property covered by the decree. The obstructor is none other than the brother of the first judgment-debtor. Other judgment-debtors are the children of the first judgment-debtor. This second appeal is by the decree-holder.

2. The appellant obtained the decree for redemption of two usufructuary mortgages in respect of a land having thirty eight cents in extent. All the steps so far adopted by the decree-holder to get possession of the mortgaged property did not fructify. The turn in the fight is consequent on the obstruction made when the Amin went to effect delivery of possession of the property. Execution court upheld the obstructors claim in regard to thirty one cents, but rejected the claim in regard to the balance area of seven cents on which a building is situate. Both the obstructor and the decree-holder challenged the said order of the execution court. It was the obstructor who filed the appeal in the court below. Then the decree-holder preferred cross-objections in that appeal. The lower appellate court confirmed the order subject one modification i. e., the execution court was

















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