FEMI JOSEPH Vs. BRANCH MANAGER FEDERAL BANK VARAKKARA

JUDGEMENT

(1.) The appeal is filed by the petitioner in E.A.440/2012 in E.A.221/2012 in E.P.219/2007 in O.S.No. 214/2006 on the file of the Sub Court at Irinjalakuda, She is the 2nd judgment debtor.

(2.) The application was filed with a contention that, even though originally, the petitioner was a minor and was being represented by the guardian, after attaining majority on 28.5.2009, the same was not recorded, and therefore no separate notice was issued to her. Only when the Amin from the court came to effect the delivery, she came to know about the proceedings.

(3.) The court below rejected the contentions of the appellant on the finding that, simply for the reason that her majority was not recorded, it cannot be said that the appellant was not aware of the execution proceedings. She had a duty to come on record on attaining majority and contest the proceedings. On the merits it was found that judgment debtors 1 to 3 had filed a joint statement of objection in execution proceedings. Therefore, it cannot be contended that the sale conducted is void. It was also noted that she was staying with her mother, the first judgment debtor, when she was a minor and it cannot be said that she was unaware of the execution proceedings.