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2014 Supreme(Online)(KER) 12731

HIGH COURT OF KERALA
K.HARILAL, J
M V SUKUMARAN – Appellant
Versus
DEVASSIA SO JOSEPH    Advocate -SRI T KURIAKOSE PETER – Respondent


ORDER

The revision petitioner is the 1st judgment debtor in EP.No. 844 of 2002 in O.S.No.318 of 1999 on the files of Principal Sub Court, Ernakulam. The 1st respondent is the decree holder in the above referred E.P and the 2nd respondent is the wife of the revision petitioner and 3rd respondent is the purchaser of the property. The suit O.S.No.318/1999 is filed by the 1st respondent bank is against the revision petitioner and the 2nd respondent for realisation of money. The subject matter of the suit was settled in Adalat on 24/09/1999. Due to financial difficulties the revision petitioner could not pay the decree debt. The 1st respondent filed EP No.844/02 for realisation of Rs.4,04,961.89/-. The decree schedule property was proclaimed for sale and on 15/03/2004 the decree holder purchased the property for Rs.3,75,001/- and the sale was confirmed on 01/06/2004 and thereafter effected delivery of the property also to the decree holder bank. After getting title and possession over the property, the decree holder bank sold away the property to the 3rd respondent and now the 3rd respondent in possession and enjoyment of the property and he completed the construction of a building there

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