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
Judgment Favored
Plaintiff
Relief Granted
Proceed with the Execution petition
Case Type
Civil Suit - Mortgage Decree Execution
Final Judgment
No
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.
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.
Judgment Evidence:
No formal final order or conclusive paragraph present.
Parties Involved
Plaintiffs
Secretary, The Parappanangadi Regional Housing (Age not specified years)
Post Parappanagadi
Defendants
Thekkath Valappil Nanu (63 years)
Thekkath Valappil House, Post Muttannur, Purathoor amsom, Tirur Taluk
Thekkath Valappil Sijesh (27 years)
Thekkath Valappil House, Post Muttannur, Purathur amsom, Tirur Taluk
Ammu (53 years)
Thekkath Valappil House, Post Muttannur, Purathur amsom, Tirur Taluk
Seema (28 years)
Thekkath Valappil House, Post Muttannur, Purathur amsom, Tirur Taluk
Sheeba (30 years)
Thekkath Valappil House, Post Muttannur, Purathur amsom, Tirur Taluk
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: