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2019 Supreme(Ker) 20

C.K.ABDUL REHIM, T.V.ANIL KUMAR
Nahala – Appellant
Versus
Adish – Respondent


Advocates:
Advocate Appeared:
For the Appellant : L Rajesh Narayan Adv.
For the Respondent: A D Ravindra Prasad & Benoj C Augustin & P Parvathy & Surya P Shaji & Rafeek V K & Saijo Hassan & U M Hassan & Vishnu Bhuvanendran Advs.

JUDGMENT :

T.V. ANILKUMAR, J.

1. A claim petition filed by the Thrissur Service Co-operative Society Ltd. 1097 Thiruvambady (hereinafter called as claim petitioner) under Order XXI Rule 58 of the CPC in E.P. No.2/2016 was allowed by the Family Court, Thrissur by its order dated 21.3.2018. By the impugned order, the court upheld the charge claimed in the property by the Society and the decree holder was permitted to bring the property for sale subject only to the mortgage right held by it. The decree holder being the sole person aggrieved by the order, challenges the same in this O.P. invoking the powers of this Court under Article 227 of the Constitution of India.

2. The decree holder in O.P.862/2013 obtained a compromise decree on 15.6.2015, creating charge over 1.17 ares of land in survey No.222/5 B in Koorkanchery village, owned by third respondent under partition deed No.4533/2010 dated 1.12.2010. This property stands described as (C) schedule in the O.P. One of the terms agreed upon in the compromise decree by the parties is that, the respondents will be at liberty to encumber the property for raising funds for the purpose of satisfying the claim of the decree holder. With this o















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