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EXECUTION PETITION NO. 144 OF 2015

Case between Secretary, The Parappanangadi Regional Housing et al vs Thekkath Valappil Nanu et al regarding mortgage decree execution

Court
Court of the Munsiff of Tirur
Judge
Smt. Vincy.T.V.
Order Date
2017-07-05
Duration
1 year 20 days
Case Closed
Wed, 07/05/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The Parappanangadi Regional Housing Co-operative Society Ltd filed an execution petition seeking to realize the decree amount by selling the mortgage property owned by the deceased first respondent. The legal heirs were impleaded in the proceedings.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of the petitioner, allowing the execution petition to proceed for the realization of the decree amount through the sale of the mortgage property.
Judgment Favored
Plaintiff
Relief Granted
Proceed with the Execution petition
Case Type
Civil Suit - Mortgage Decree Execution
Final Judgment
No
The court ruled in favor of the petitioner, allowing the execution petition to proceed for the realization of the decree amount through the sale of the mortgage property.
Why Plaintiff Won:
The court found that the mortgage decree falls outside the purview of section 60 of the Code of Civil Procedure, making the property liable to be sold.
Losing Side's Weaknesses:
The court found that the mortgage decree falls outside the purview of section 60 of the Code of Civil Procedure, making the property liable to be sold.
Supporting Evidence
No specific paragraph provided.

Judgment Evidence:

No formal final order or conclusive paragraph present.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Secretary, The Parappanangadi Regional Housing
Party Role
Defendant
Party Name
Thekkath Valappil Nanu
Party Age
63
Relation
S/o. Sankunni
Party Role
Defendant
Party Name
Thekkath Valappil Sijesh
Party Age
27
Relation
S/o. Nanu
Party Role
Defendant
Party Name
Ammu
Party Age
53
Relation
W/o. Thekkath Valappil Nanu (Late)
Party Role
Defendant
Party Name
Seema
Party Age
28
Relation
D/o. Thekkath Valappil Nanu (Late)
Party Role
Defendant
Party Name
Sheeba
Party Age
30
Relation
D/o. Thekkath Valappil Nanu (Late)
Plaintiffs Documents
Certificate of the Assistant Registrar of Co-operative Societites (General), Tirur under Rule 72(1) of the Kerala Co-operative Societies Rules, decree document etc.
Defendants Documents
Not mentioned

Advocates

Party Role
Plaintiff
Advocate Name
Sri. C. M. Venugopalan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Smt. Sreekala.K
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. K.A. Padmakumar
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Proceed with Execution petition
Outcome: Unknown
Description:
Realization of decree amount by sale of mortgage property
Evidence:
No specific sentence provided.

Documents & Evidence

Document Type: Certificate of the Assistant Registrar of Co-operative Societites
Submitted By: Plaintiff
Relevance:
Issued under Rule 72(1) of the Kerala Co-operative Societies Rules.
Reference:

Case Classification

Case Type
Civil Suit - Mortgage Decree Execution
Category
Enforcement of Court Orders
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Secretary, The Parappanangadi Regional Housing et al vs Thekkath Valappil Nanu et al regarding mortgage decree execution
Case Code Year
Case between Secretary, The Parappanangadi Regional Housing et al vs Thekkath Valappil Nanu et al regarding mortgage decree execution

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Mon, 06/15/2015 - 12:00
Case Closed
Wed, 07/05/2017 - 12:00
From
Sat, 07/01/2017 - 12:00
To
Fri, 07/14/2017 - 12:00
Outcome Confidence
80%

Involved Entities

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