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1982 Supreme(Ker) 12

G.VISWANATHA.IYER
MATHEW – Appellant
Versus
BANK OF COCHIN LID. – Respondent


Judgment :-

1. The fourth defendant-judgment-debtor is the revision petitioner and this petition is filed against an order passed by the executing court rejecting his objection to the proposed sale of the property The decree is one passed by the Ernakulam Sub-Court for realisation of money charged on the decree schedule properties and from the defendants. It was one passed not ex parte but after the defendants entered appearance in the suit and put forward their contention. In execution of the decree the defendants raised various contentions against the sale of the property and at the same time began to neglect the preservation of the decree schedule properties and so the decree-holder moved for appointing a Receiver. That was allowed by the executing court and on revision to this Court as C R P. 861 of 1979 the same was confirmed with a direction to the decree-holder to take early steps to sell the property. In the meanwhile this execution case was transferred to Thodupuzha Sub-Court along with other cases as per orders of the High Court. The High Court order was due to the fact that as a Sub-Court was located at Thodupuzha on the formation of Idukki District, cases triable or exe







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