Land Mark Constructions v. Kshemavilasam Kuri Company (P) Ltd.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE SMT. JUSTICE P.V.ASHA TUESDAY, THE 15TH DAY OF DECEMBER 2015/24TH AGRAHAYANA, 1937 FAO.No. 77 of 2012 AGAINST THE JUDGMENT IN OS 771/2004 of II ADDL.SUB COURT,THRISSUR DATED 3.2.12 APPELLANT/PETITIONERS/JUDGMENT-DEBTORS:
1. LAND MARK CONSTRUCTIONS VADAKECHIRA DESOM, CHEMBUKAVU VILLAGE, THRISSUR TALUK REPRESENTED BY MG.PARTNER, FRANCIS KALLIYATH.
2. FRANCIS KALLIYATH.
S/O.KALLIYATH VEETTIL JACOB, MISSION QUARTERS DESOM THRISSUR VILLAGE, THRISSUR TALUK.
3. ANNA FRANCIS W/O.FRANCIS KALLIYATH, KALLIYATH VEETTIL MISSION QUARTERS DESOM, THRISSUR VILLAGE THRISSUR TALUK.
4. KALLIYATH SUPER MARKET THRISSUR, REPRESENTED BY MG.PARTNER, FRANCIS KALLIYATH.
5. FRANCIS KALLIYATH.
S/O.KALLIYATH VEETTIL JACOB, MISSION QUARTERS DESOM THRISSUR VILLAGE, THRISSUR TALUK.
6. ANNA FRANCIS W/O.FRANCIS KALLIYATH, KALLIYATH VEETTIL MISSION QUARTERS DESOM, THRISSUR VILLAGE THRISSUR TALUK.
BY ADVS.SRI.P.B.KRISHNAN SMT.GEETHA P.MENON SRI.N.AJITH SRI.P.B.SUBRAMANYAN RESPONDENTS/RESPONDENT IN EA, DECREE HOLDER-CUM-AUCTION PURCHASER: KSHEMAVILASAM KURI COMPANY (P) LTD.
ROUND NORTH, THRISSUR-680 001.
R1 BY ADV. SRI.JIMMY JOHN VELLANIKARAN THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 15-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC & P.V.ASHA, JJ.
----------------------------------- F.A.O.No.77 of 2012 ----------------------------------- Dated this the 15th day of December, 2015
JUDGMENT
Antony Dominic, J.
The judgment debtors in E.P.279/09 in O.S.771/04 on the file of the II Additional Sub Court, Thrissur have filed this appeal aggrieved by the order passed by that court dismissing E.A.768/11 filed under Order XXI Rule 90 seeking to set aside the sale in execution of the decree. Along with I.A.1352/15, the appellants have produced Annexures A and B, which are accepted on record. Annexure A shows that the decree holder has acknowledged satisfaction of the decree. Annexure B is a copy of E.A.1486/15 filed by the decree holders themselves, informing the Execution Court that in view of the satisfaction of the decree, they have no objection in setting aside the sale in which they themselves are the purchasers. These facts are confirmed by the counsel appearing for the respondent decree holder as well.
In the aforesaid circumstances, this appeal is disposed of recording that the decree in OS.771/04 of
FAO.77/12 the II Additional Sub Court, Thrissur is satisfied and that the sale, which was sought to be set aside in E.A.768/11, will stand set aside. It is also made clear that it will be open to the decree holder to claim refund of the cost of stamp papers in accordance with law.
Sd/- ANTONY DOMINIC, Judge.
Sd/- P.V.ASHA, Judge.
kkb.