IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 Ex.SA.No. 20 of 2010() ---------------------- AS.69/2009 of I ADDL. DISTRICT COURT, TRIVANDRUM E.A.152/2004 IN E.P.28/2003 IN OS.68/2001 of SUB COURT,NEYYATTINKARA .................... APPELLANTS/APPELLANTS/CLAIM PETITIONER:S ----------------------------------------------------------- 1. BABY,D/O.DEVAKI.LISHA MANDIRAM, KALLAMBALAM,KAPPITHOPPU,ANTHIYOOR DESOM, KOTTUKAL PAKUTHI. 2. LISHA,D/O.BABY, LISHA MANDIRAM,KALLAMBALAM,KAPPITHOPPU, ANTHIYOOR DESOM,KOTTUKAL PAKUTHI. 3. LINDU,D/O.BABY, LISHA MANDIRAM,KALLAMBALAM,KAPPITHOPPU, ANTHIYOOR DESOM,KOTTUKAL PAKUTHI. BY ADV. SRI.R.V.SREEJITH RESPONDENT(S)/RESPONDENTS/COUNTER PETITIONERS (PLAINTIFFS & DEFENDANTS): ----------------------------------------------------------------- 1. M/S.SYNDICATE BANK, PATTOM BRANCH, THIRUVANANTHAPURAM REPRESENTED BY ITS BRANCH MANAGER. 2. SOUTHERN INTORS PRIVATE LTD., S.R. BUILDINGS, TC 13/1426, BURMA ROAD,MEDICAL COLLEGE, THIRUVANANTHAPURAM. 3. S.R.SANJAYAN,S/O.SIVANANDAN, TC 13/1426, BURMA ROAD,MEDICAL COLLEGE, THIRUVANANTHAPURAM. 4. SIVANANDAN,S/O.NARAYANAN, TC 13/1426, BURMA ROAD,MEDICAL COLLEGE, THIRUVANANTHAPURAM. EXSA.NO.20/2010 5. DR.P.B.PREMJOTHY,W/O.S.R.SANJAYAN, TC 13/1426, BURMA ROAD,MEDICAL COLLEGE, THIRUVANANTHAPURAM. THIS EXECUTION SECOND APPEAL HAVING BEEN FINALLY HEARD ON 06/10/2010, THE COURT ON 12/10/2010 PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- EX.S.A.NO.20 OF 2010 ----------------------------------- Dated this the 12th day of October, 2010 J U D G M E N T Appellants are claim petitioners who have set up a claim over the decree schedule property in O.S.No.68 of 2001 on the file of the Sub Court, Neyyattinkara. The above suit was one filed by the 1st respondent, a bank for realisation of money by sale of the mortgage property. When the decree passed in the suit was put in execution, these appellants raised a claim over the property mortgaged in favour of the decree holder bank. Perusing the order passed by the execution court and also the appeal from such order by the claimants before the lower appellate court, it is seen, other than producing some copies of an assessment register, they did not lead any oral or documentary evidence to substantiate the title, right and interest over the above property. The execution court, after appreciating the materials tendered, has found no merit in the claim set up by EX.S.A.NO.20/2010 2 the claimants/appellants. The lower appellate court, after re-appreciating the materials, has found the materials tendered by them, copies of assessment register, are hardly sufficient to show their title as against the decree holder bank. There is no error or impropriety in the conclusion formed by both the courts negativing the claim canvassed by the claimants/appellants. The appeal does not involve any question, leave alone any substantial question of law for receiving it on the file of the court. Appeal is dismissed. S.S.SATHEESACHANDRAN JUDGE prp EX.S.A.NO.20/2010 3