Kerala Court February 1953 Judgments
Kurien Chacko Vs. Varkey Varkey
Court: Kerala
Decided on: Feb-28-1953
Reported in: 1953CriLJ1827
ORDERKumara Pillai, J.1. The facts which have given rise to this Cr. Revn. Petition are as follows: In 1097 the petitioner executed a sale deed in favour of his younger brother for a portion of a property-belonging to him. Subsequently, the younger brother hypothecated it to another person who sued him thereon and obtained a decree. When the auction purchaser, who bought the property in execution of that decree, sought to get delivery of possession, the petitioner filed an obstruction petition contending that the sale deed executed by him was a sham document brought into existence for the purpose of screening the property from his creditors and that he and not his brother who was the judgment-debtor, was in possession of the property. He contended that the property was not liable to be sold in execution of the said decree and that as he was in possession of it in his own right the possession could not be delivered over to the auction purchaser in pursuance of the execution sale.While t...
Tag this Judgment!C.A. George Vs. Chacko Joseph and anr.
Court: Kerala
Decided on: Feb-19-1953
Reported in: 1954CriLJ224
ORDERKumara Pillai, J.C.1. Claiming that she was his wife and that the second counter-petitioner was her child born of him, the first counter-petitioner filed M. C. No. 11 of 1951 in the Alleppey Division First Class Magistrate's Court against the revision petitioner for maintenance for herself and the second counter-petitioner. The learned Magistrate issued notice to the revision-petitioner through post and it was returned unserved with an endorsement that he refused to accept the same. Thereupon the Magistrate proceeded 'ex parte' against the revision-petitioner and passed an order directing him to give maintenance to the counter-petitioners.Within the time allowed by law, the revision-petitioner appeared before the Magistrate and applied under the proviso to Clause 6 of Section 488, Criminal P.C. for setting aside the 'ex parte' order. The learned Magistrate dismissed the application holding that the case could not be re-opened at the endorsement on the notice sent from the Court wa...
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