ABDUL GAFOOR Vs. UNITED BANKERS

JUDGEMENT

(1.) PETITIONER seeks a direction to the learned Ist Additional Sub Judge, Kozhikode to enquire into Exts.P9 and P10 before ordering delivery of property, in E.P. No. 332 of 2005 in O.S. No. 40 of 2002.

(2.) FIRST respondent which is a partnership firm filed O.S No. 40 of 2002 in the IInd Additional Sub Court, Kozhikode for recovery of money from the second respondent and obtained a decree. First respondent filed E.P. No. 332 of 2005 in the First Additional Sub Court, Kozhikode for execution of that decree and proceeded against property (allegedly) belonging to the second respondent. Petitioners filed claim petition claiming right, title and interest over the property as per assignment deed dated 10.08.2001 That claim petition was dismissed for default and application for its restoration also met with the same result. Property was sold in court auction. The court issued Ext.P2, sale certificate to the first respondent. First respondent sought delivery of the property.

(3.) GRIEVANCE of petitioners that executing court is proceeding to order delivery without considering the said statement and affidavit.