E.P.No.195/2022

Case between E.No. 307, Kunnathunad Taluk, Housing Co-operative Society represented by Secretary Clency Anto, W/o.Joy vs Varghese et al regarding execution of decree for realization of debt.

Court

COURT OF THE MUNSIFF, PERUMBAVOOR

Judge

Smt. Sumey Chandran

Order Date

2025-07-11

Duration

Judgement document from eCourt website

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Case Summary

The petitioner, representing a housing cooperative society, seeks to execute a decree for the realization of a debt by selling attached immovable property belonging to the judgement debtors, Varghese and others. The court found the property free from encumbrances and estimated its value, setting a sale date for the property.

Judgment Outcome

Plaintiff Won

Interim Order

The court ordered the sale of the attached property to realize the decree debt. The upset price was set, and a sale proclamation was ordered.

Judgment Favored

Plaintiff

Relief Granted

Sale proclamation for the immovable property.

Case Type

Execution Petition

Final Judgment

Why Plaintiff Won:
The court found no objections to the valuation of the property and confirmed the necessity to sell it to satisfy the decree debt.

Judgment Evidence:

In the result, it is found that the entire extent of the attached property is required to be sold in order to realise the award debt. Accordingly, the upset price is fixed at Rs. 2,40,000/-.

Parties Involved

Plaintiffs

E.No. 307, Kunnathunad Taluk, Housing Co-operative Society (Age not specified years) Kunnathunad Taluk

Defendants

Varghese (Late) (Age not specified years) Pazhukkudy House, Paaniyeli Kara, Kombanad Village, Kunnathunad Taluk Jomon (Age not specified years) Pazhukkudy House, Paaniyeli Kara, Kombanad Village, Kunnathunad Taluk Jomol (Age not specified years) Pazhukkudy House, Paaniyeli Kara, Kombanad Village, Kunnathunad Taluk Mary (Age not specified years) Pazhukkudy House, Paaniyeli Kara, Kombanad Village, Kunnathunad Taluk

Reliefs

Relief Type: Recovery

Outcome: Granted

Description:

The Court granted permission to sell the attached immovable property to realize the decree debt.

Evidence:

In the result, it is found that the entire extent of the attached property is required to be sold in order to realise the award debt.

Documents & Evidence

Document Type: Commissioner Report

Submitted By: Court

Relevance:

The Commission Report dated 4th January 2025 estimates the fair value of the attached property and building.

Reference:

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