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SATHISH NINAN, P. V. BALAKRISHNAN
Sajitha S. , W/o. Giji. T. P. – Appellant
Versus
Karappara Mini Chitty Fund, Represented By Its Partner, Saji John, S/o. John – Respondent
JUDGMENT :
(P.V. Balakrishnan, J.)
Ex.FA.Nos.2/2024, 3/2024 and Ex.FA No.4/2024 are filed by the claim petitioners, challenging the orders passed in EA.Nos.2/2020, 13/2020 and E.A.No.16/2020 respectively in E.P No.46/2017 in O.S.No.57/2015 by the Sub Court, Alappuzha dismissing their applications purportedly filed under Order 21 Rule 58 CPC.
2. It is the case of the claim petitioners that they have purchased the properties described in the schedule, in 2015 from one Sebastian Varghese, who is the first judgment debtor/first defendant. It is contended that, the said Sebastian Varghese was the absolute owner in possession of a larger extent of 40 Ares and 46 Sq. meters of property, and he assigned a portion of it to the claim petitioners. It is also contended that, while the claim petitioners were thus enjoying the properties, they came to know that the entire larger extent of 40.46 Ares of property is put in auction sale by the Sub Court, Alappuzha in E.P.No.46/2017, in O.S.57/2015. The properties purchased by the claim petitioners are also included in the auction sale and if the sale is proceeded with, it will cause irreparable loss and injury. The claim petitioners are not indebte
Claim petitions under Order 21 Rule 58 CPC are unmaintainable if no attachment of the property exists in execution of a decree.
The main legal point established in the judgment is the interpretation of the provisions of Order 21 Rule 58 and Order 21 Rule 97 of CPC, emphasizing the maintainability of a claim petition after com....
Order 21 Rule 58(1) of CPC reads adjudication of claims to, or objections to attachment of, property.
Order 21, Rule 58 CPC deals with adjudication of claims or objections with regard to properties attached either directly or indirectly between the parties to the proceedings.
Auction purchasers can seek possession under Order 21 Rule 95 CPC, as they inherit the rights of the original auction purchaser, emphasizing the legal right to possession as integral to property sale....
(1) Alienation of property after attachment – Where attachment has been made, any private transfer or delivery of property attached or of any interest therein and any payment to judgment-debtor of an....
Auction of assigned property is void under the Assignment Act, 1977; however, failure to prove irregularity in auction leads to dismissal of claims.
whether Section 35 of the Act is mandatory or directory the sale held in violation of the said provision is only illegal but not a nullity and therefore, it can be set aside only in the manner and th....
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