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2022 Supreme(Online)(KER) 32697

HIGH COURT OF KERALA
THE STATE BANK OF INDIA – Appellant
Versus
SHYAM EXIM – Respondent


Advocates:
['JAWAHAR JOSE', '', 'CISSY MATHEWS', 'JAISON ANTONY', 'EDWIN JOSEPH', 'N C JOSEPH', 'E V MOLY']

JUDGMENT

Ajithkumar, J.

These Appeal and Original Petition relate to a common order of the Sub Court (Execution Court), Kochi, in E.A.Nos.81 and 82 of 2020 in E.P.No.1 of 2020 in O.S.No.23 of 2019. Hence, both these matters are disposed of by this common judgment.

2. This is the second time this Court considers the matter. E.A.No.81 of 2020 was filed by the appellant under Order XXI, Rule 58 of the Code of Civil Procedure, 1908, seeking to lift the attachment ordered by the Execution Court with respect to 11.09 Ares of property belonging to the 2nd respondent and the machinery therein. The appellant filed E.A.No.82 of 2020 seeking to give a direction to the 1st respondent-decree holder to remove the movable articles from the petition schedule premises. The Execution Court as per the order dated 26.08.2021 disposed of the said execution applications. The 1st respondent preferred Ex.F.A.No.18 of 2021 challenging the said order of the Execution Court. This Court allowed Ex.F.A.No.18 of 2021 as per the judgment dated 04.01.2022 and the order dated 26.08.2021 was set aside. The Sub Court, Kochi, was directed to reconsider E.A.No.81 of 2020 after affording a reasonable opportunity to both

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