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2011 Supreme(Ker) 353

K.T.SANKARAN
Hamsath Beevi – Appellant
Versus
Saffiyath Beevi – Respondent


Advocates Appeared:
For the Petitioner:K. Ramakumar (SR. Advocate), Ramprasad Unni. T. T.K. Ajith Kumar, Advocates.
For the Respondent:P.R. Venkitesh, Advocate.

JUDGMENT :-

1. All these Civil Revision Petitions are filed by Hamsath Beevi, the second judgment debtor in E.P.No.235 of 1985 in O.S.No.103 of 1980, on the file of the Sub Court, Mavelikkara.

2. One Mathew Philip filed the suit against Muhammed Khan Rawther and Hamsath Beevi (revision petitioner) for realisation of money.

The suit was decreed on 14.8.1981. Pending suit, the immovable properties belonging to the defendants were attached before judgment. In execution of the decree, six items of properties were sold in auction. The decree holder purchased property in auction. The sale was conducted on 20.1.1988 and it was confirmed on 25.2.1988.

3. Before the sale was conducted, the plaintiff died on 25.2.1986 and his legal representatives, namely, Graceamma Philip, Mohan K.Philip and Anila Philip were impleaded as additional parties.

4. The second judgment debtor, Hamsath Beevi, filed E.A.No.470 of 1997 under Section 47 of the Code of Civil Procedure to set aside the sale. That application was dismissed on 5.11.1997. The judgment debtor No.2 challenged that order in C.R.P.No.2102 of 1997. The Revision was dismissed on 24.2.1998. The matter was taken in appeal to the Honourable Sup





















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