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2026 Supreme(Online)(Ker) 31690

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sathish Ninan, P. Krishna Kumar, JJ
Pavithran Meleth – Appellant
Versus
Vijaya Home Loans Ltd. – Respondent
EX.FA NO. 16 OF 2024

Advocates:
For the Appellants/Petitioners: P.B. Subramanyan, Sabu George, Manu Vyasan Peter, Meera P., P.B. Krishnan
For the Respondents: M.K. Sumod, Vidya M.K., Thushara K, Delita Titus, Namitha George

A claim petition under Order XXI Rule 58 of the Code of Civil Procedure is not maintainable in execution proceedings arising from a mortgage decree, as such petitions are strictly restricted to cases involving the attachment of property.

Headnote:The present case involves the interpretation of Order XXI Rule 58 of the Code of Civil Procedure, 1908, concerning the maintainability of a claim petition in execution proceedings arising from a mortgage decree. The claimant sought relief against the dismissal of their petition by the execution court. The court determined that a claim petition under the cited rule is restricted to instances involving the attachment of property and is therefore not applicable to mortgage decrees. The core issue addressed is whether a claim petition under Order XXI Rule 58 of the Code of Civil Procedure is maintainable in execution proceedings initiated for the recovery of money under a mortgage. The court reasoned that since the underlying decree is a mortgage decree and not a simple attachment of property, the procedural remedy invoked is legally impermissible. The appeal is dismissed, upholding the order of the execution court.

Sathish Ninan, J.

The claim petition filed under Order XXI Rule 58 of the Code of Civil Procedure was dismissed by the execution court. Aggrieved by the said order, the claimant is in appeal.

2. We have heard Sri. P.B. Subramanyan, the learned counsel appearing for the appellant, and Sri. M.K.

Sumod, the learned counsel appearing for the respondents.

3. A decree for recovery of money due under a mortgage is under execution. It is in the said execution proceedings that the present application under Order XXI Rule 58 of the Code of Civil Procedure has been filed. It is well settled that a claim petition under Order XXI Rule 58 CPC is maintainable only in cases involving attachment of property. The decree under execution being a mortgage decree, an application under Order XXI Rule 58 does not lie.

In the light thereof, the claim petition is not maintainable.

The Appeal fails and accordingly, it is dismissed.

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2026 Supreme(Online)(Ker) 31690

IN THE HIGH COURT OF KERALA AT ERNAKULAMSathish Ninan, P. Krishna Kumar, JJPavithran Meleth – AppellantVersusVijaya Home Loans Ltd. – RespondentEX.FA NO. 16 OF 2024

A claim petition under Order XXI Rule 58 of the Code of Civil Procedure is not maintainable in execution proceedings arising from a mortgage decree, as such petitions are strictly restricted to cases involving the attachment of property.

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sathish Ninan, P. Krishna Kumar, JJ
Pavithran Meleth – Appellant
Versus
Vijaya Home Loans Ltd. – Respondent
EX.FA NO. 16 OF 2024