IN THE HIGH COURT OF KERALA AT ERNAKULAM
EFA No. 33 of 1998()
1. EXPRESS MALAYALAM
... Petitioner
Vs
1. GURUVIJAYA KURI
... Respondent
For Petitioner :SRI.K.P.DANDAPANI
For Respondent :SRI.N.P.SAMUEL
The Hon'ble MR. Justice K.PADMANABHAN NAIR
Dated :09/04/2007
O R D E R
K.Padmanabhan Nair,J.
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E.F.A.No.33 of 1998
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Dated, this the 9th day of April, 2007
JUDGMENT
The claimant in E.A.No.1144 of 1996 in E.P.No.315 of
1995 in O.S.No.1065 of 1992 on the file of II Additional Sub
Court, Thrissur is the appellant. The property belonging to the
judgment debtors was brought to sale by the 1st respondent , a
Kuri Company. The appellant filed a claim petition under Order
XXI Rule 58 of the Code of Civil Procedure raising a contention
that the property belongs to the appellant Company. But, Exhibit
B1 produced before the Court below showed that the property
stood in the name of the 2nd respondent. So, the executing Court
dismissed the petition filed under Order XXI Rule 58. Challenging
that order, this appeal is filed.
2. It is seen that thereafter the very same appellant
filed O.S.No.671 of 1995 for a declaration that it is the owner of
the property. The defendants in O.S.No.671 of 1995 filed
O.S.No.1533 of 1995 before the said Court for the very same
relief. The suit filed by the appellant was dismissed on merits. So,
E.F.A.No.33 of 1998
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on that ground also, the decision of the executing Court cannot
be interfered with in this appeal. So, the appeal is only to be
dismissed.
In the result, the appeal is dismissed.
C.M.P.No.5586 of 1998 also shall stand dismissed.
K.Padmanabhan Nair
Judge
vku/-