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2010 Supreme(Ker) 248

S.S.SATHEESACHANDRAN
Sivan Pillai – Appellant
Versus
Padmanabha Pillai Ayyappan Pillai – Respondent


Advocates appeared:
For the Petitioners:P.B. Suresh Kumar, Leo George, Advocates. For the Respondent:R.D. Shenoy, Senior Advocate, S. Vinod Bhat, Sreekanth S. Nair, Advocates, T. Krishnan Unni, Senior Advocate, C.M. Mohammed Iquabal, R.T. Pradeep, Advocates.

Judgment :

The assignee decree holder, in a suit for redemption has filed this revision challenging the order of the execution court, (Additional Munsiff’s Court, Neyyattinkara), dismissing his execution petition holding that he is not competent to execute the decree.

2. The factual back ground giving rise to the present revision, can be summed up as hereunder:

The decree sought to be executed by the assignee decree holder is one passed in O.S.No.67/57 allowing redemption of a mortgage property from the 1st defendant one Ummini Nadar Kochappi Nadar. Suit was filed by two plaintiffs on behalf of a tharwad viz., Punnakulath Tharwad, to redeem a usufructuary mortgage of the year 1095 ME from the 1st defendant on behalf of the tharwad. Suit was decreed by judgment dated 17.3.1959. Execution of that decree was applied for filing a petition on 9.3.1961. That execution petition was dismissed on 1.8.1962 since the mortgagee had obtained grant of registry in respect of the decree scheduled property from the Special Tahsildar (Kandukrishi Lands). The decree holders challenged the dismissal of the petition filing an appeal, A.S.No.563/62. That appeal was dismissed. Decree holders filed a secon


















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