Sankar Singh v. Hosdrug Housing Coop. Society Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1996 Supreme(Online)(Ker) 1306

KERALA HIGH COURT
Thomas, J
Sankar Singh v. Hosdrug Housing Coop. Society Ltd.

Table of Content
1. execution petition details and parties involved, specification of the amount. (Para 1)
2. objections to the execution petition's maintainability based on decree execution rules. (Para 2 , 3)
3. court's analysis of jurisdiction and execution capability vis-a-vis the statutory framework. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12)
4. final ruling on the execution petition's admissibility. (Para 13)

1. Revision Petitioner is the judgment debtor in E. P. No. 234 of 1994 in A. R. C. No. 1058 of 1990 on the file of the Munsiffs Court, Hosdurg. Respondent is the decree holder in the said Execution Petition The Execution Petition was filed by the respondent under O.21 R.66, 72 and 82 of the Code of Civil Procedure for realising the decree debt by sale of immovable property. The decree sought to be executed is an award for a sum of Rs. 26,081/- with future interest, passed by the Assistant Registrar of Cooperative Societies, Hosdurg in A. R. C. No. 1058 of 1990 under S.70 of the Kerala Cooperative Societies Act Under S.76 of the Kerala C-op. Societies Act read with R.72 of the Kerala Cooperative Societies Rules, an award made under S.70 of the Act, if not carried out on a cer