BINOY KURIAN Vs. VARKEY JOSEPH

JUDGEMENT

(1.) O.P(C).No.2004/2018 is one filed under Article 227 of the Constitution of India by the judgment debtor in E.P.No.76/2016 in O.S.No.6/2016 on the file of Munsiff Court, Vaikom, challenging order dtd. 20/6/2018, which is produced as Ext.P11. As per Ext.P11, the learned Munsiff accepted the sale proposed by the decree holder after exempting 7 cent out of 14 cent. The decree holder is the respondent in this Original Petition.

(2.) Whereas the decree holder has filed O.P(C).No.1755/2019, arraying the judgment debtor as respondent, challenging Ext.P4 order dtd. 3/1/2018, whereby the learned Munsiff exempted 2.67 Ares of property from sale under Sec. 60(1)(c) of the Code of Civil Procedure, holding that the said portion is the residential house of the judgment debtor and the land appertenant thereto which was liable to be excluded from the sale since he is an Agriculturist. The judgment debtor is the respondent in this Original Petition.

(3.) I shall refer the parties in this Original Petition as the 'decree holder' and the 'judgment debtor' for easy reference.