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...petitioners filed applications under Section 73 read with Section 151 CPC, in EP No. 15 of 2006, seeking rateable distribution of the balance of the sale procee...of Section 73 of CPC. The trial Court dismissed the applications through individual orders, dated 17.9.2009. Hence these revisions.3. Sri I. Venkata Prasad, learned Counsel for the...petitioners submits that the petitioners have filed execution petitions, much before the property in question was brought to sale, in EP No. 15 of 2006, and thereby, they have complied with Section 73 of ...
...petitioners filed applications under Section 73 read with Section 151 CPC, in EP No. 15 of 2006, seeking rateable distribution of the balance of the sale procee...of Section 73 of CPC. The trial Court dismissed the applications through individual orders, dated 17.9.2009 Hence these revisions.3. Sri I. Venkata Prasad, learned Counsel for the...petitioners submits that the petitioners have filed execution petitions, much before the property in question was brought to sale, in EP No. 15 of 2006, and thereby, they have complied with Section 73 of ...
...any rateable distribution of the amounts for the reason that they did not file the execution petition under Order 21, Rule 11 of CPC as is required in law. In nutshell, it is the submission ...whether the decree-holders other than the petitioner herein are not entitled for the benefit of the distribution of the assets and as to whether they are not entitled for the benefit of section 73 ...may be necessary to notice under section 73 of the cpc.
73. Proceeds of execution sale to be rateably distributed among decree-holders:--
(1) Where assets are he...
...objection of the appellants and the said order is in violation of Section 73 of CPC. It is stated that the decree holders in all the 7 Execution Petitions are separate legal entities and that the...whole decree schedule property is sold in execution in the absence of any prayer for rateable distribution and in violation of Section 73 of CPC. But, the learned counsel for the respondents argue....
6. Section 73 of CPC is extracted below for convenient
5
reference:
...
...
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provided under section 73 of CPC. Therefore, I am inclined to dispose of the petition with a direction to the Sub Judg...
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN...
MONDAY, THE 31ST DAY OF JANUARY 2022 / 11TH MAGHA, 1943
OP(C) NO. 2105 OF 2015
ARTICLE 227 OF THE CONSTITUTION OF INDIA...
...against the auction purchaser who purchased the property subject to mortgage, the petitioner cannot be permitted to seek a share in the balance of amount. He relies on proviso (a) to Section 73(1) of CPC t...rateable distribution of the money held by the Court of the Senior Civil Judge, Madanapalle, along with the first respondent - Gaja Lakshmi.5. Section 73 of CPC reads as under...(a), (b) and (c). The proviso (a) to sub-section (1) of Section 73 of CPC disqualifies mortgagee from claiming any rateable distribution if the property of the ...
...Section 73 for rateable distribution……….”(emphasis is ours)14. While the preponderance of judicial opinion as discussed above is that in order to be entitled to a rateable distribution under ...in lacking certain particulars required for being treated as proper formal execution application under Order XXI Rule 11 of CPC. A question arose whether Ex.C could be treated as a valid execution applicat...observations with regard to Section 73 of CPC.The purpose of that section obviously is that there should be an equitable distribution of assets between those creditors who...
...application after receipt of the assets by the Court, (an application) under Section 73 for rateable distribution……….”(emphasis is ours)14. While the preponderance of judicial opinio...XXI Rule 11 of CPC. A question arose whether Ex.C could be treated as a valid execution application for the purpose of ratable distribution under Section 73 of CPC. There was a s...Devadoss, J, Wallace, J, speaking for the Full Bench, made the following observations with regard to Section 73 of CPC.The purpose of that section obviously is that there should be...
...proviso (a) to section 73(1) of cpc to sustain the impugned order.
The only point, in the background as above, that falls for consideration is whether the petitioner having obtained....
section 73 of cpc reads as under.
73. Proceeds of execution-sale to be rateably distributed among decree-holders (1) Where assets are held by Court and more p...and seek rateable distribution of the assets. This is, however, subject to the provisos (a), (b) and (c). The proviso (a) to subsection (1) of section 73 of cpc disqualifies mortgagee from claimin...
...on Section 73 CPC held that Section 73 would apply only when there is a decree or order of adjudication and not otherwise. The Hon'ble Division Bench was testing a case of priority ...granted to the husband.
15. In Allahabad's case (referred herein supra), the Hon'ble Supreme Court held that referring to Section 73 CPC held that sharing of proceeds...of adjudication from the Tribunal and also complied with the other conditions as laid down under Section 73 of CPC and when the Bank had not obtained any decree or adjudication of its debt from th...
...the Commission can invoke the provisions of the CPC while implementing the provision of Section 25 and 27 of the Act. Therefore, we feel that Section 73 of CPC cannot be...E.P.Nos.94/20, 96 to 98/20, 244/20 and 79/21, the present D.Hrs are also entitled for the amount deposited before this Commission as contemplated under Section 73 of Code of the Civil Procedure in...Moka Jambanna Petitioner Vs. Kopparam Honnappa. In the said judgement, it is stated that Section 73 of Code of Civil Procedure does not require...
.../21 were not been filed at that time. On that ground also, Section 73 of C.P.C is not applicable to the said cases.
1. In the C.P.Act, 1986 mode of recovery is stated in ...provision of Section 25 and 27 of the Act. Therefore, we feel that Section 73 of CPC cannot be applied and the D.Hr are not entitled for rateable distribution in EP Nos. 351/18, 238/19, ...under Section 73 of Code of the Civil Procedure in the manner of rateable distribution.
1. It is not in dispute that as per the recovery certificate issued under...
...-
to 397/18 on 09.09.2019 and the EP Nos. 94 to 98/20, 242 to 244/20, 75 to 79/21 were not been filed at that time. On that ground also, Section 73 of C.P.C is not app...the provision of Section 25 and 27 of the Act. Therefore, we feel that Section 73 of CPC cannot be...E.P.Nos.94/20, 96 to 98/20, 244/20 and 79/21, the present D.Hrs are also entitled for the amount deposited before this Commission as contemplated under Section 73 of Code of the Civil Procedure in the...
...can invoke the provisions of the CPC while implementing the provision of Section 25 and 27 of the Act. Therefore, we feel that Section 73 of CPC cannot be applied and th..., 96 to 98/20, 244/20 and 79/21, the present D.Hrs are also entitled for the amount deposited before this Commission as contemplated under Section 73 of Code of the Civil Procedure in the manner of...Moka Jambanna Petitioner Vs. Kopparam Honnappa. In the said judgement, it is stated that Section 73 of Code of Civil Procedure does not require a separ...
...the provision of Section 25 and 27 of the Act. Therefore, we feel that Section 73 of CPC cannot be applied and the D.Hr are not entitled for rateable distribution in EP Nos. 351/18, 238/1...also entitled for the amount deposited before this Commission as contemplated under Section 73 of Code of the Civil Procedure in the manner of rateable distribution.
1...Petitioner Vs. Kopparam Honnappa. In the said judgement, it is stated that Section 73 of Code of Civil Procedure does not require a separate application for rateable distribution and accordingly there...
...79/21 were not been filed at that time. On that ground also, Section 73 of C.P.C is not applicable to the said cases.
1. In the C.P.Act, 1986 mode of recovery is stated in ...provision of Section 25 and 27 of the Act. Therefore, we feel that Section 73 of CPC cannot be applied and the D.Hr are not entitled for rateable distribution in EP Nos. 351/18, 238/19, ...contemplated under Section 73 of Code of the Civil Procedure in the manner of rateable distribution.
1. It is not in dispute that as per the recovery certificate issued...
...-
to 397/18 on 09.09.2019 and the EP Nos. 94 to 98/20, 242 to 244/20, 75 to 79/21 were not been filed at that time. On that ground also, Section 73 of C.P.C is not app...the provision of Section 25 and 27 of the Act. Therefore, we feel that Section 73 of CPC cannot be...E.P.Nos.94/20, 96 to 98/20, 244/20 and 79/21, the present D.Hrs are also entitled for the amount deposited before this Commission as contemplated under Section 73 of Code of the Civil Procedure in the...
...-
to 397/18 on 09.09.2019 and the EP Nos. 94 to 98/20, 242 to 244/20, 75 to 79/21 were not been filed at that time. On that ground also, Section 73 of C.P.C is not app...the provision of Section 25 and 27 of the Act. Therefore, we feel that Section 73 of CPC cannot be...E.P.Nos.94/20, 96 to 98/20, 244/20 and 79/21, the present D.Hrs are also entitled for the amount deposited before this Commission as contemplated under Section 73 of Code of the Civil Procedure in the...
...provisions of the CPC while implementing the provision of Section 25 and 27 of the Act. Therefore, we feel that Section 73 of CPC cannot be applied and the D.Hr are not ...and 79/21, the present D.Hrs are also entitled for the amount deposited before this Commission as contemplated under Section 73 of Code of the Civil Procedure in the manner of rateable distribution...Moka Jambanna Petitioner Vs. Kopparam Honnappa. In the said judgement, it is stated that Section 73 of Code of Civil Procedure does not require a separ...
...provisions of the CPC while implementing the provision of Section 25 and 27 of the Act. Therefore, we feel that Section 73 of CPC cannot be applied and the D.Hr are not ...and 79/21, the present D.Hrs are also entitled for the amount deposited before this Commission as contemplated under Section 73 of Code of the Civil Procedure in the manner of rateable distribution...Moka Jambanna Petitioner Vs. Kopparam Honnappa. In the said judgement, it is stated that Section 73 of Code of Civil Procedure does not require a separ...