Shibi vs Branch Manager on 16 October, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Ex.FA.No. 53 of 2008()


1. SHIBI, D/O. SREEMATHI, MANALIL VEEDU,
                      ...  Petitioner

                        Vs



1. BRANCH MANAGER, CENTRAL BANK OF INDIA,
                       ...       Respondent

2. SIVADASN, KOOTTIL VEEDU,

3. P.RAVEENDRAN, KOOTTIL HOUSE,

4. C.SASIDHARAN, KOOTTIL HOUSE,

5. PRASAD, PLOT NO.56,

6. SANTHOSH KUMAR, FROM KOOTTIL HOUSE,

                For Petitioner  :SRI.S.SANTHOSH KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :16/10/2008

 O R D E R
                       PIUS.C.KURIAKOSE, J.
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                          Ex.F.A.No.53 OF 2008
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                 Dated this the 16th day of October, 2008

                                JUDGMENT

It is submitted by Sri.S.Santhosh Kumar that no order of

attachment has been issued by the court below against the property in

respect of which the claim has been lodged under Order XXI Rule 58.

Thus the claim petition filed under Order XXI Rule 59 was clearly not

maintainable in law.

For the above reason, I do not find any reason for interfering with

the impugned order. The first appeal will stand dismissed. However,

on consideration of equity, there will be a direction that the interim

order passed on 6/10/2008 that the execution court will ensure that no

property other than the decree schedule property will be sold in

execution will be continued.

PIUS.C.KURIAKOSE
JUDGE

sv.