Recovery Of Excess Payment Made By Mistake Is Permissible When Employee Furnished An Undertaking To Refund: Supreme Court Anticipatory Bail Application Under Sec 482 BNSS Is Maintainable Even If No Formal Order Of Arrest Is Passed By CGST Authorities: Allahabad High Court Consensual Physical Relationship Following Three-Year Courtship Does Not Amount To Rape If Marriage Promise Fails: Supreme Court Criminalization Of Civil Disputes | Courts Must Not Engage In Speculative Reasoning While Dealing With Quashing Petitions Under Section 482 CrPC: Supreme Court Mere Recovery Of Tainted Money In The Absence Of Proof Of Demand Is Insufficient To Sustain Conviction Under Section 7 And 13 PC Act: Supreme Court High Court Cannot Quash NDPS Proceedings Merely Relying On Jurisprudence Regarding Evidentiary Value Of Confessional Statements: Supreme Court Extra-Judicial Confession Made While In Police Custody Is Inadmissible In Evidence: Supreme Court Taxing Authorities Must Levy Tax Based On The Form Of Goods At The Time Of Sale, Not On Potential End Use: Supreme Court Punjab & Haryana High Court Orders CBI Probe Into State Corruption Scams After Punjab Police Fails To Act On ED’s Section 66(2) PMLA Referral Section 482 CrPC | FIR Based On Consensual Relationship Gone Sour Cannot Be Sustained To Coerce Marriage: Supreme Court CISF Personnel Soliciting Bribes For Employment Is Guilty Of 'Gross Misconduct' Under Section 18 CISF Act: Andhra Pradesh High Court PIL | State Cannot Use Demolition Powers To Silence Whistleblowers Or Deflect Accountability: Punjab & Haryana High Court Criminal Proceedings Against In-Laws Without Specific Allegations Of Overt Acts Constitute Abuse Of Process: Supreme Court Order 22 Rule 9 CPC | Admission In An Abated Suit Does Not Constitute Estoppel Against Landlord In A Fresh Eviction Proceeding: Calcutta High Court Arbitral Award Cannot Be Set Aside For Non-Adjudication Of Claims Specifically Abandoned By Parties: Delhi High Court Mere Long Possession Is Not Adverse Possession; Defendant Must Prove Hostile Animus To Deny Title Of True Owner: Himachal Pradesh High Court Reopening Of Assessment Under Sec 148A(d) Income Tax Act Cannot Be Based On 'Change Of Opinion' Without Fresh Tangible Material: Gujarat High Court Municipal Authorities Must Initiate Formal Proceedings And Grant Opportunity Of Hearing Before Sealing Premises:  Jharkhand High Court Court Cannot Compel Third-Party To Undergo DNA Test Unless Necessary For Just Adjudication: Madhya Pradesh High Court Trial Court Cannot Defer Bail Application Merely Because A Transfer Petition Is Pending In High Court: Punjab & Haryana High Court Section 108 BNS | Mere Taunts Or Harassment Regarding Not Bearing A Male Child Do Not Constitute Abetment To Suicide: Rajasthan High Court Daily-Wage Employees Treated As Permanent Under 1988 Government Resolution Entitled To Annual Increment Benefits: Supreme Court

Execution Sale Vitiated by Non-Disclosure of Material Facts and Third-Party Rights: Kerala High Court”

07 May 2024 8:19 AM

By: Admin


The Kerala High Court underscored the significance of disclosing material facts and considering third-party rights in execution sales. The court, in the case of FAO No. 26 of 2022, ruled against the appellant, Anitha Kuply, upholding the execution court’s order that set aside the property sale due to material irregularities under Order XXI Rule 90 of the CPC.

 

The appellant challenged the execution court’s decision, which set aside the sale of a property, including a multi-storied apartment complex. The pivotal issues revolved around the accuracy of the property’s description and the judgment debtor’s limited saleable interest, impacting the rights of third-party apartment purchasers.

 

Irregularity in Property Description: The court identified a material irregularity in the sale process, pointing out significant discrepancies in property description. Justice Menon noted, “These aspects were not brought to the notice of the execution court while drawing up the proclamation of sale.”

Application of Order XXI Rule 90(3) CPC: The judges clarified the application scope of Order XXI Rule 90(3). Justice Narendran explained, “Order XXI Rule 90(3) of CPC would not be applicable where the sale was held in violation of mandatory requirements of the rule or is vitiated by material irregularity.”

Protection of Third-Party Rights: The judgment emphasized the importance of protecting third-party purchasers’ rights, especially when their interests are affected by the execution sale.

Decision: The High Court dismissed the appeal, supporting the execution court’s decision to set aside the property sale. It was noted that the appellant-decree holder could pursue other legal means for executing the decree in accordance with law.

Date of Decision: 5th April 2024.

ANITHA KUPLY VS MARIKKAR PLANTATIONS (P) LTD.

Latest Legal News