Laila Beevi, vs Sabeena Beevi,

Type Court Judgment Court Kerala Decided Mar 21, 2022

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https://sooperkanoon.com/case/1443087

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Citation: sooperkanoon.com/1443087
Court: Kerala High Court
Judge: Honourable Mr. Justice a.Muhamed Mustaque,Honourable Mrs. Justice Sophy Thomas
Decided On: Mar 21, 2022
Case Number: OP (FC)/34/2022

Parties & Advocates

Appellant / Petitioner

Laila Beevi,

Respondent

Sabeena Beevi,

Excerpt

.....balance amount as per the decree is paid. it is also submitted that they have no objection in setting aside the sale. if that be so, we allow this original petition and direct the petitioner-judgment debtor to deposit the balance decree amount within a period of two months.3. on deposit of the amount, the sale would standset aside. we also permit the respondent-decree holder to withdraw the amount in deposit. the execution court is directed to calculate the balance amount within a period of two weeks. this original petition is disposed of as above. a.muhamed mustaque sophy thomas pr appendix of op (fc) 34/2022 petitioner exhibits exhibit p1 a true copy of ep no.13/08 in op no.,114/06 exhibit p2 a true copy of application for attachment. exhibit p3 a true copy of tax receipt no.1305449 dated 28.01.2012. exhibit p3 a a true copy of tax receipt no.1693123 dated 13.10.2017. exhibit p4 a true copy of ea no.43/2011 in ep no.13/08 exhibit p5 a true copy of order dated 10.10.2017 in ea no.43/11 in ep no.13/08 of the family court, kottarakara. exhibit p6 a true copy of ea no.192/17 in ea no.43/11 in ep no.13/08 of the family court, kottarakara. exhibit p7 a true copy of order dated 16.07.2021 in ea no.192/17 in ea no.43/11 in ep no.13/08 of the family court, kottarakara.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SOPHY THOMAS MONDAY, THE 21ST DAY OF MARCH 2022 / 30TH PHALGUNA, 1943 AGAINST THE ORDER IN EP 13/2008 IN OP 114/2006 OF FAMILY COURT, KOTTARAKKARA
PETITIONER: LAILA BEEVI, AGED 58 YEARS, D/O.ISMAIL, THEMMAYIL VEEDU, ASARIKONAM, SAM NAGAR P.O., KULATHOOPUZHA-691 310. GEORGE VARGHESE(PERUMPALLIKUTTIYIL)(G-125) A.R.DILEEP P.J.JOE PAUL MANU SRINATH RAJAN G. GEORGE RESPONDENTS: 1 SABEENA BEEVI, AGED 40 YEARS, D/O.ABDUL RAHMAN RAWTHER, THUMBARAPALLI VADAKKATHIL, KARYARA, VILAKUDY VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT-689 695. 2 SHAMLA BEEVI, W/O.NAJEEM, THENMAYIL VEEDU, ASARIKONAM, SAM 3 SHAIJU, S/O.LATE KABEER RAWTHER, THENMAYIL VEEDU, ASARIKONAM, SAM NAGAR P.O., A=KULATHOOPUZHA-691 310.
4 SAJEENA, D/O.LAILA BEEVI, THENMAYIL VEEDU, ASARIKONAM, SAM A.SANIL KUMAR K.SURESH BABU (PUNALUR) THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 21.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

A. Muhamed Mustaque, J This original petition is filed by the judgment debtor. The judgment debtor expressed his willingness to pay the entire decree amount and accordingly, deposited Rs.1.5 Lakhs, based on the orders passed by this Court on 14.01.2022.

2. The decree holder submits that they would be

satisfied if the balance amount as per the decree is paid. It is also submitted that they have no objection in setting aside the sale. If that be so, we allow this original petition and direct the petitioner-judgment debtor to deposit the balance decree amount within a period of two months.

3. On deposit of the amount, the sale would stand

set aside. We also permit the respondent-decree holder to withdraw the amount in deposit. The Execution Court is directed to calculate the balance amount within a period of two weeks. This original petition is disposed of as above. A.MUHAMED MUSTAQUE SOPHY THOMAS PR APPENDIX OF OP (FC) 34/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF EP NO.13/08 IN OP NO.,114/06 Exhibit P2 A TRUE COPY OF APPLICATION FOR ATTACHMENT. Exhibit P3 A TRUE COPY OF TAX RECEIPT NO.1305449 DATED 28.01.2012. Exhibit P3 A A TRUE COPY OF TAX RECEIPT NO.1693123 DATED 13.10.2017. Exhibit P4 A TRUE COPY OF EA NO.43/2011 IN EP NO.13/08 Exhibit P5 A TRUE COPY OF ORDER DATED 10.10.2017 IN EA NO.43/11 IN EP NO.13/08 OF THE FAMILY COURT, KOTTARAKARA. Exhibit P6 A TRUE COPY OF EA NO.192/17 IN EA NO.43/11 IN EP NO.13/08 OF THE FAMILY COURT, KOTTARAKARA. Exhibit P7 A TRUE COPY OF ORDER DATED 16.07.2021 IN EA NO.192/17 IN EA NO.43/11 IN EP NO.13/08 OF THE FAMILY COURT, KOTTARAKARA.

Same Court & Year Kerala · 2022 Same Parties Laila Beevi, vs Sabeena Beevi, Same Judge Honourable Mr. Justice a.Muhamed Mustaque,Honourable Mrs. Jus...