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1993 Supreme(Ker) 19

JOHN MATHEW, MATHEWS P.MATHEW
Mohammed Hariss – Appellant
Versus
Fathima – Respondent


Judgment :-

John Mathew, J.

The judgment-debtor in O.S.No.203 of 1986 on the file of the Subordinate Judge's Court, Ernakulam, is the appellant in the C.M.A. That was a suit for money, which was, decreed on 3-1-1989, underwhich the decree-holder who is the respondent in the C.M.A. was entitled to realise a sum of Rs.1,11,750/- together with interest from the judgment debtor. The appellant is hereinafter referred to as the judgment-debtor and the respondent as the decree-holder. The decree-holder filed E.P.No.523 of 1989 for realisation of the decree by the sale of an item of property belonging to the judgment-debtor. The property involved is a two storeyed building and two cents of property in which the building is situated, in Broadway, Ernakulam. That property was attached before judgment in the suit. In execution proceedings the decree-holder fixed the upset price of the property at Rs.1 lakh. According to the judgment-debtor, the property is worth more than Rs.10 lakhs. Among other objections the judgment-debtor raised such an objection also. The execution court directed that the price estimated by the judgment- debtor may also be shown in the sale proclamation. The decree-holde
















































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