KAMALASANAGIRI Vs. MADHUKAR G.PRABHU

JUDGEMENT

(1.) This appeal has been filed by a third party to O.S.No.145/2008, on the files of the Sub Court, Cherthala. The afore suit was filed by the first respondent herein - Sri.Madhukar G.Prabhu - initially as a suit for specific performance against the second respondent herein - Smt.Neena - but subsequently modifying it as a suit for recovery of money. The records show that the suit was decreed and that there were several attempts between the parties for settlement, leading to various other orders, finally travelling all the way to the Hon'ble Supreme Court.

(2.) Suffice to say, as matters now stand, admittedly, 10 cents of property, comprised of in Sy.No.114/2 of the Cherthala North Village, belonging to the second respondent "? Smt.Neena, has been sold in execution of the decree in O.S.No.145/2008 and that it has been purchased by the first respondent "Sri.Madhukar G.Prabhu himself. The property sold was, in fact, part of 22 cents of land, which had been earlier attached before judgment under the provisions of Order XXXVIII Rule 5 of the Code of Civil Procedure (CPC); and the Execution Court is seen to have sold only 10 cents out of it because that was enough to satisfy the decree.

(3.) The parties are now in battle as to the identification of the properties sold by the Execution Court, covered by a Sale Certificate obtained by the first respondent dated 22.12.2011.