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Arifa, W/o Abdul Salam vs Maben Nidhi Limited

High Court Of Kerala · Decided on 19 January 2022 · Citation: (2022) 01 KL CK 0147

HON’BLE JUDGES
A. Badharudeen, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 227
RESULT
Dismissed
CASE NUMBER
Original Petition (C) No. 95 Of 2022
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Judgment

11 paragraphs · 185 words

A. Badharudeen, J

1.

Petitioners, who are judgment debtors in E.P.No.62/2017 in Arbitration Case No.124/2016, have filed this Original Petition under Article 227 of the

Constitution of India.

3.

Heard the learned counsel for the petitioners.

4.

Admittedly, the sale was confirmed as early on 10.06.2019. Thereafter, the auction purchaser moved before the execution court for getting delivery

of the property, in view of the sale certificate issued. No challenge raised as regards the finality of the sale and issuance of sale certificate. Going by

the grounds stated in the Original Petition, the market value of the property is disputed, which cannot be addressed by this Court in this Original

Petition. Apart from that, the grievance addressed by the petitioners is that, if the property is delivered, the petitioners would loss their residential

house. In fact, this contention cannot be sustained legally in order to obstruct delivery ordered as per law.

Therefore, I find no merit in this Original Petition. Accordingly, this Original Petition stands dismissed.

Registry is directed to forward a copy of this judgment to the court below concerned for information and compliance.