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
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.
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
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