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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
NAZARUDHEEN – Appellant
Versus
MATHA TIMBERS REP BY PROPRIETOR THOMAS – Respondent
| Table of Content |
|---|
| 1. factual basis for property dispute. (Para 1 , 2 , 3 , 4) |
| 2. observation on appeal process. (Para 5 , 6) |
| 3. judicial reasoning on rights under cpc. (Para 7 , 8 , 9 , 10 , 11) |
JUDGMENT
This appeal arises out of the concurrent findings rendered by the Execution court and the 1st appellate court in an application under Order
21 Rule 97 of the Code of Civil Procedure , 1908.
2. The brief facts necessary for the disposal of the appeal are as follows:
3. The petitioner claims that he derived title over the property by virtue of the sale deed no.80/1986 of SRO, Kattoor. While an attempt was made to have the property delivered in execution of judgment and decree in O.S No.2767/1985. At that point of time, the appellant came to know about the passing of the decree in the property. Hence, an application for resistance under Order 21 Rule 97 CPC was filed. The respondent decree holder resisted the application and contended that the respondent purchased the property in pursuance to the execution of the judgment and decree in O.S. No.2767/1985. During the pendency of the suit for recovery of money, an application for attachment was filed, which was ordered. The attachment before
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