Aasiya v. Mahindra And Mahindra Financial Services Limited

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 3RD DAY OF JUNE 2015/13TH JYAISHTA, 1937 OP(C).No. 543 of 2015 (O) -------------------------- EP 182/2012 of FIRST ADDITIONAL DISTRICT JUDGE, PALAKKAD ----------------- PETITIONER :

------------------ AASIYA,W/O.USMAN, AGED 45 YEARS, KULANGARA HOUSE, KARKKIDAMKUNNU P.O., ALANALLUR VILLAGE, MANNARKAD TALUK, PALAKKAD. BY ADVS.SRI.JACOB SEBASTIAN SMT.SHAMSEERA. C.ASHRAF SRI.T.U.SUJITH KUMAR RESPONDENT :

-------------------- MAHINDRA AND MAHINDRA FINANCIAL SERVICES LIMITED, GATEWAY BUILDING, APOLLO BUNDER, MUMBAI MAHARASHTRA-400 001 REPRESENTED BY ITS LEGAL OFFICER.

BY ADV. SRI.DEVAPRASANTH.P.J.

THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 03-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: bp

OP(C).No. 543 of 2015 (O) -------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

A TRUE COPY OF THE SALE PROCLAMATION DATED JANUAYR 17, 2015.

EXT.P2:

A TRUE COPY OF THE COUNTER STATEMENT DATED FEBRUARY 25,2015 FILED BY THE PETITIONER IN EXECUTION PETITION NUMBER 182/2012 OF THE COURT OF THE FIRST ADDITIONAL DISTRICT JUDGE OF PALAKKAD.

EXT.P3:

A TRUE COPY OF THE APPLICATION DATED FEBRUARY 25, 2015 SUBMITTED BY THE PETITIONER TO RECEIVE EXHIBIT P2 COUNTER STATEMENT ON FILE.

EXT P4:

A TRUE COPY OF THE APPLICATION DATED FEBRUARY 25, 2015 SUBMITTED BY THE PETITIONER SEEKING STAY OF THE COURT SALE.

RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.A. TO JUDGE bp

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` O.P.(C) No.543 of 2015 ````````````````````````````````````````````````````````````` Dated this the 3rd day of June, 2015

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~ Heard learned counsel for the petitioner and learned counsel for the respondent.

2.

The court below is directed to settle a fresh proclamation, after considering Exts.P2 and P3 and after giving an opportunity of being heard to the petitioner, for which Ext.P1 shall stand set aside.

In the result, OP(Civil) is disposed of accordingly. Sd/- (B.KEMAL PASHA, JUDGE) aks/03/06 // True Copy // PA to Judge