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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHISH NINAN, P. KRISHNA KUMAR, JJ
HAMZA KANDAKKEEL – Appellant
Versus
M/S. FOCUS BIWHEELERS – Respondent
| Table of Content |
|---|
| 1. appellants sought declaration of rights over property. (Para 1 , 2) |
| 2. court assessed the validity of claims under the law. (Para 3 , 6 , 7) |
| 3. appellants claimed rights under prior mortgage and payments. (Para 4 , 5) |
| 4. court concluded appellants' claims were void due to attachment. (Para 8) |
| 5. court ordered compensation to appellants if conditions not met. (Para 9) |
Sathish Ninan, J.
The application filed by the appellants, who are third parties to the execution proceedings, seeking declaration of their right over the property being proceeded against in execution, was dismissed by the execution court. The applicants are in appeal.
2. The following facts are admitted by the parties. A decree for money was obtained by the first respondent in this appeal against respondents 2 and 3. The property being proceeded against in execution was attached in the suit on 22.09.2017. Even prior to that a mortgage liability was subsisting over the property, in favour of the Catholic Syrian Bank, Kannur Branch. On 15.11.2017 the suit was decreed on compromise. The decree holder filed EP 31/2019 seeking recovery of the decree debt by sale of the Ex. FA No.22 of 2023 attached property. In
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