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2023 Supreme(Ker) 238

ANIL K. NARENDRAN, P. G. AJITHKUMAR
Shaijan, S/o. Thottathil Parambil Kuttan – Appellant
Versus
Varghese, S/o. Ouseph – Respondent


Advocates Appeared:
For the Petitioner: G. Sreekumar (Chelur).
For the Respondent: Raphel, Sri K.S. Bharathan.

ORDER :

P.G. Ajithkumar, J.

The appeal was dismissed as per the judgment dated 31.05.2022. The appellant filed this Review Petition under Section 114 and Rule 1 of Order XLVII of the Code of Civil Procedure, 1908. He seeks to review the judgment and hear the appeal afresh.

2. There was a delay of 28 days in filing the Review Petition. As per the order dated 06.12.2022 in C.M.Appl.No.1 of 2022 delay was condoned.

3. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

4. The petitioner seeks a review of judgement dated 31.05.2022 by contending that there occurred errors essentially on three aspects, namely,-

    (i) The finding that there was statutory charge created as per the provisions of Section 55(6)(b) of the Transfer of Property Act, 1882 (T.P.Act) on the property in question was incorrect inasmuch as the said finding militates against the last paragraph of Section 54 of the T.P.Act, which says that a contract for sale by itself does not create any interest or charge on such property;

(ii) The award dated 29.01.2010, in execution of which the property was sold in auction, was not registered. But that aspect was lost sight of the C

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