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2015 Supreme(Ker) 1619

A.V.RAMAKRISHNA PILLAI
Raghuvara Panicker – Appellant
Versus
Christal Sandhya – Respondent


Advocates:
Advocate Appeared:
For the Appellants :S.V. Balakrishna Iyer (Sr. Advocate), K. Jayakumar (Sr. Advocate), Vadakara V.V.N. Menon, T.S. Sukumaran, P.B. Krishnan, Geetha P. Menon & P.B. Subramanyan
For the Respondents: S. James Vinvent, Terry V. James & R. Gopan

JUDGMENT :

1. The execution second appeal arises out of the judgment of the Subordinate Judge’s Court, Neyyattinkara in A.S No.155 of 2001 which in turn arose out of the order dated 9.10.2001 in E.A No.661 of 2000 in E.P No.92 of 2000 in O.S No.1053 of 1996 on the files of the Munsiff’s Court, Neyyattinkara.

2. Respondents 1 to 3 in the execution second appeal filed the aforesaid E.P for executing the decree in O.S No.1058 of 1996 by attachment and sale of the property comprised in Sy. No.290/6B of Anavoor village, Neyyattinkara Taluk having a total extent of 1 acre 72 cents. The appellants filed the claim petition i.e. E.A No.661 of 2000 before the Execution Court stating that at the time of attachment of the over the property. According to the appellants, the property attached belonged to one Joseph and he sold the same in the name of the fourth respondent who is the judgment debtor in the aforesaid case by Ext.A1 (in E.A.No.661/2000). The appellants further allege that the judgment debtor was the wife of the first appellant and Ext.A1 sale deed was only a benami transaction as the actual owner was the second appellant. According to the appellants, the sale deed was obtained with t

































































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