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2011 Supreme(Online)(KER) 48810

HIGH COURT OF KERALA
K.T.SANKARAN, J
NAJEETHA M K – Appellant
Versus
M SHAHEED AND OTHERS – Respondent


O R D E R

The review petitioner is not a party in the Original Petition.

The Original Petition was filed by respondents 1 to 6 in the Review Petition against respondents 7 and 8. The Original Petition was disposed of directing the executing court to sell the decree schedule properties in the manner less prejudicial to the judgment debtors. Certain directions were also issued as to how the different lots should be identified and sold.

2. The Review Petitioner claims that she is a mortgagee in respect of one of the items. The review petitioner filed a claim petition under Rule 58 of Order XXI of the Code of Civil Procedure before the executing court. That application is not yet disposed of. The apprehension of the petitioner is that in view of the direction issued in O.P.(C) No.775 of 2011, the claim petition filed by the R.P.NO.812 OF 2011 IN O.P.(C) NO.775 OF 2010 review petitioner would not be considered and disposed of before the sale takes place.

3. Heard the learned counsel appearing for the respondents as well.

4. When an application is filed under Rule 58 of Order XXI of the Code of Civil Procedure, that has to be disposed of on the merits before sale of the property in question i

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