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1988 Supreme(Ker) 390

RADHAKRISHNA MENON
AYANCHERI SERVICE CO-OP. BANK – Appellant
Versus
MOIDEEN – Respondent


Judgment :-

1. The points arising for consideration in these revision petitions are identical and therefore these three petitions are jointly heard and disposed of by this common order.

2. In execution of the award obtained by the petitioner-bank, the properties in dispute was sold in public auction. The petitioner-bank purchased them with the permission of the sale officer. The sale officer issued the sale certificate. Failure on the part of the judgment debtors to surrender possession of the properties resulted in the petitioner-bank filing execution applications from which these revisions arise, before the Munsiff of Payyoli, under O.21 R.35 and R.95 C.P.C.

3. The execution court after considering the various aspects of the case has dismissed these applications by the common order under challenge.

4. That the Co-operative Societies Act and the Rules do not contain provisions authorising the sale officer to put the decree-holder-purchaser in possession of the property, in the event of the proceedings to take possession is obstructed by the judgment debtor himself, is beyond challenge. The question therefore is under such circumstances can a decree-holder initiate proceedings under O







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