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2018 Supreme(Ker) 196

ALEXANDER THOMAS
MUTHOOT VEHICLE AND ASSET FINANCE (P) LTD. – Appellant
Versus
SAMUEL K, S/O. KUNJANDI – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.SHIJU VARGHESE
For the Respondent: SMT.P.K.RADHIKA

JUDGMENT :

The main prayer in this Original Petition (Civil) filed under the enabling provisions of Article 227 of the Constitution of India is as follows :

“a. Call for the records relating to Ext.P8 Common Order and set aside the same and allow Exts.P2 to P4 applications;

b. grant cost of the proceedings and

c. such other orders and directions as this Hon'ble Court may be pleased to deem fit and proper to grant.”

2. Heard Sri.Shiju Varghese, learned counsel appearing for the petitioner. Smt.P.K. Radhika, learned counsel appearing for the respondents.

3. Petitioner is the decree holder in E.P. No. 34/2010 and he bid the court auction held in the EP and obtained Ext.P1 auction certificate. Later the petitioner filed EA No.34/2015 for the delivery of the immovable properties (2 items) covered by Ext.P1 auction certificate. It is stated that the property scheduled in Ext.P1 auction certificate is on the basis of the prior deeds and in consonance with the boundaries. Since the Amin reported that the property is not identifiable, for the purpose of effecting delivery alone, the petitioner had filed Exts.P2 to P4 applications to amend the scheduled EA for delivery and the auction certificate,













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