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1996 Supreme(Ker) 184

B.N.PATNAIK
Mrs. Achamma Cyriac – Appellant
Versus
Kerala Financial Corporation – Respondent


Advocates:
M. M. Abdul Aziz Sr. Counsel appearing along with Babu Karukapadath, for Petitioner; Thomas V. Jacob and K. K. Chandran Pillai (for No.1); Thomas George (for No. 3); S. Venkitasubramonia Iyer, V. Giri and John Varghese (for No, 5); P.K.M. Hassan (for No. 6) and Siby J. Monippilly (for No. 7), for Respondents.

ORDER :-

The 4th respondent and the 4th judgment-debtor in SFC (OP) No. 206/ 81 and E.P. 135/84 on the file of the District Court, Ernakulam, has preferred this revision against the order dated 19-12-1995 in E.A. 39/1995 arising out of the said E.P. Respondent No. 1 herein, the Kerala Financial Corporation (hereinafter called the Corporation) is the decree-holder. Respondent Nos. 3, 5, 6 and 7 along with the petitioner are the partners of respondent No. 2 firm called Mundadan Industries at Angamali. By the impugned order, the prayer of the petitioner to set aside the sale of the immovable properties which are items 1 and 2 of the decree schedule held on 12-3-1986 in execution of the decree for realisation of the loan amount was rejected. Her Prayer to permit her to redeem the said items of mortgaged property by deposit of the entire decree debt with interest, costs etc. up-to-date was also rejected.

2. The questions that arise for consideration in this revision are (1) whether the sale of the two items of immovable properties held on l2-3-1986 in execution of the decree is liable to be set aside on the ground that the sale was void; and (2) whether the petitioner is enti


















































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