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2024 Supreme(Ker) 124

A. BADHARUDEEN
Sugunanda Vilasom Society No. 130/1985 – Appellant
Versus
Abhilash Berly – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K.S.HARIHARAPUTHRAN, PINKU MARIAM JOSE, ANIL KUMAR T.P.
For the Respondent: SUDHEER K C, B.PRAMOD, BIJU VIGNESWAR, ATHUL M.V.

JUDGMENT :

This execution second appeal has been filed under order XXI read with Section 100 of the Code of Civil Procedure (“CPC” hereinafter) challenging verdicts entered into by the trial court as well as the Appellate Court in A.S. No.62 of 2021 dated 20.06.2023 on the files of the Court of the Addl. District Judge-II, Alappuzha arose from the verdict in E.A. No.117/2019 in E.A. No.242/2018 in E.P. No.348/2016 in O.S. No.46 of 2006 dated 18.12.2019 on the files of the Sub Court, Alappuzha. The appellant is the decree holder, 1st respondent is the claim petitioner and respondents 2 to 4 are judgment debtors.

2. Heard both sides in detail. Perused the case records and verdicts under challenge.

3. I shall refer the parties in this appeal with reference to their status before the trial court. The appellant will be referred as “decree holder” and the respondents will be referred as “claim petitioner and judgment debtors”.

4. This appeal stands admitted by formulating the following substantial questions of law:

    1. Whether a petition under Order 21 Rule 58 of CPC is maintainable after completion of sale in view of the prohibition contained in the proviso (a) thereof?

2. What is the remedy o

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