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1990 Supreme(Ker) 450

S.PADMANABHAN
Saraswathy – Appellant
Versus
The Official Receiver – Respondent


JUDGMENT

S. Padmanabhan, J.

1. Appellants are the obstructors, who failed before the execution court and the first appellate court.

2. The unfortunate litigation, which gave rise to these obstructions in execution, started in the year 1111 ME as O. S. No. 131 before the Subordinate Judge, Alappuzha. The suit was filed by Peethambaran Pillai, who was the Karanavan of Koithunni branch of Chakkumthara tharavad. The branch consisted of the thavazhies of Parvathi Kalyani and Parvathi Ichira. Peethambaran Pillai belonged to the first and the first defendant, Padmanabha Pillai, to the second. Though Padmanabha Pillai was a junior member of Koithunni branch, he was the senior member in the thavazhi of Ichira. Therefore, he was in possession of the properties allotted to that thavazhi for maintenance. When he unauthorisedly began to encumber and alienate the properties one after another, the suit was filed by the karanavan to remove him from management and to recover the properties after avoiding the alienations. The suit was ultimately decreed by this court in 1954 and a receiver was put in possession. Subsequently, the official receiver took over.

3. When execution was taken out to get delive







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