LAWS(KER)-2009-6-299

T V R FUND Vs. OFFICIAL RECEIVER

Decided On June 22, 2009
T V R FUND Appellant
V/S
OFFICIAL RECEIVER Respondents

JUDGEMENT

(1.) These appeals are connected and therefore disposed of by this common judgment. The appellants in both the appeals are the same. In MFA.No.212/06, the appellants impugn the order of the Ist Additional District Judge, Thiruvananthapuram by which he allowed the application to execute the sale deed filed by the 1st respondent in favour of the auction purchaser. In the other MFA, by the order impugned, the Ist Additional District Judge, Thiruvananthapuram has rejected the application filed by the appellants to set aside the sale executed by respondent Receiver in favour of the auction purchaser.

(2.) It is by a common order that the orders were passed in the I.As. as aforesaid. By order in I.A.No.2135/03, the court had permitted the Official Receiver to dispose of 32 cents of property comprising Survey Nos.1998, 2000 and 2014 of Thycaud village. The Receiver conducted the sale of the property in favour of the 2nd respondent in the appeals on 10.4.2006 in a sum of Rs. 32,15,000/-. It is thereupon that the appellants filed IA.1497/06 to set aside the sale alleging irregularities. This application has been rejected as already noticed. The court also granted permission to the Official Receiver to execute the sale deed in favour of the 2nd respondent auction purchaser.

(3.) We heard learned counsel for the appellants and learned counsel appearing on behalf of the 1st and 2nd respondents.