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ANIL K. NARENDRAN, P. G. AJITHKUMAR
Mannil Abdul Gadhafi @ Abdul Gadhafi Mannil – Appellant
Versus
P. V. Mohammed, S/o. Veerankutty – Respondent
ORDER :
P.G.Ajithkumar, J.
The 1st respondent in R.F.A.(Misc) No.1 of 2019 has filed this petition for review under Section 114 read with Order XLVII, Rule 1 of the Code of Civil Procedure, 1908.
2. The appeal was allowed as per the judgment dated 28.09.2022, reported as Mohammed v. Mannil Abdul Gadhafi alias Abdul Gadafi Mannil, [2022 (6) KLT 269 : 2022 (4) KLJ 362 : 2022 (6) KHC 369 : 2022 KHC OnLine 761 : MANU/KE/3474/2022]. We later noticed that there occurred a mis-statement of law while we discussed the law laid down by the Apex Court in Vareed Jacob v. Sosamma Geevarghese and others [(2004) 6 SCC 378], which was a divided verdict, and hence the matter was listed as “to be spoken to”. In the meantime, this review petition has been filed.
3. Review is sought on the following grounds:
(ii) the 1st respondent failed to discharge his burden to prove that the sale deeds in favour of the petitioner are vitiated;
(iii) the finding that Se
Rule 11-A of Order XXXVIII, which was inserted by Amendment Act 104 of 1976, says that provisions applicable to an attachment made in execution of decree.
Point of Law : If the court omits to give such a direction regarding continuance, attachment shall be deemed to have ceased.
Order XXI, Rule 58 insist that while adjudicating a claim to attached property, court has to decide all questions relating to right, title and interest in property arising between parties to proceedi....
A claim under Order 38 Rule 10 of C.P.C is maintainable after the suit is decreed, and the attachment before judgment continues after the decree, adjudicable under Order 21 Rule 58 of C.P.C.
Debt can be defined as an obligation to pay an ascertained sum of money, and therefore, a claim for compensation does not come within that purview.
The main legal point established in the judgment is that a claim petition filed under Order XXI Rule 58 of CPC shall be adjudicated upon as if it is a regular suit, and any adjudication on the rights....
A transfer made with knowledge of an attachment before judgment can be contested as fraudulent under Section 53 of the Transfer of Property Act.
A claim petition dismissed for default precludes the filing of a separate suit regarding the same property under Order XXI Rule 58(2) of the Civil Procedure Code.
Civil courts are enjoined to consider disputes between parties and when substantive rights are created and such rights are being flouted, it is for civil court to consider respective contentions and ....
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