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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
Case Code No.
195
Case Closed

Judgement document from eCourt website

Judgment Document
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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
No
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.
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.
Losing Side's Weaknesses:
Not available
Supporting Evidence
On perusal of the valuation as laid down in the Commission Report and in the absence of any objection from the judgement debtors, this Court finds no reason to disbelieve the valuation placed on record.

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

Parties

Party Role
Plaintiff
Party Name
E.No. 307, Kunnathunad Taluk, Housing Co-operative Society
Relation
represented by Secretary Clency Anto, W/o.Joy
Party Role
Defendant
Party Name
Varghese (Late)
Relation
S/o. Varkky
Party Role
Defendant
Party Name
Jomon
Relation
S/o.Varghese
Party Role
Defendant
Party Name
Jomol
Relation
D/o.Varghese
Party Role
Defendant
Party Name
Mary
Relation
W/o.Varghese
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
M. G. Sreekumar
Appearance Type
Main Counsel

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:
null

Case Classification

Case Type
Execution Petition
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Recovery of money
Case Code
E.P.NO.
Case Code Year
2022

Quick Facts

Location
Perumbavoor
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Case Filed
Case Closed
From
Tue, 07/01/2025 - 12:00
To
Thu, 07/31/2025 - 12:00
Outcome Confidence
80%

Involved Entities

Private Individual

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