P.P.Sekharan vs Catholic Syrian Bank Ltd on 22 September, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 28607 of 2009(O)


1. P.P.SEKHARAN,S/O.KARTHIYAYINI AMMA
                      ...  Petitioner

                        Vs



1. CATHOLIC SYRIAN BANK LTD.
                       ...       Respondent

                For Petitioner  :SRI.CIBI THOMAS

                For Respondent  :SRI.C.A.JOY

The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :22/09/2010

 O R D E R
                     HARUN-UL-RASHID,JJ.
             -------------------------------
                     W.P.(C).NO.28607 OF 2009
             -------------------------------
           DATED THIS THE DAY 22ND OF SEPTEMBER, 2010

                             JUDGMENT

Exhibits P3 and P4 orders passed by the execution court

are under challenge. Writ Petitioner is the judgment debtor in in

O.S.No.176/07 on the file of the Munsiff’s Court, Payyannur. The

decree holder filed an execution petition for realization of

Rs.73,750/-. In the E.P. the respondent filed a draft sale paper.

The value is shown as Rs.30,000/- per cent. Petitioner filed an

objection pointing out that the property will fetch at least an

amount of Rs.1 lakh per cent.

2. Learned Munsiff by Ext.P3 order considered the

contention of the petitioner. The court below observed that though

the respondent has filed the counter contending that the upset price

shown is not correct, no steps are taken by him to show that the

value as shown in the draft sale proclamation is not proper. The

court below approved the draft sale proclamation and fixed the

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WP(C).No.28607/2009

upset price as Rs.30,000/-. In the absence of any evidence on the

part of the judgment debtor, the learned Munsiff held that there is

no merit in the contention that the centage value of the property is

more than Rs.1 lakh. The court below also ordered to proclaim and

sell the property. Ext.P4 is the copy of the proclamation of sale.

In the circumstances, I do not find any reason to interfere with

Ext.P3 order and consequent proclamation of sale, Ext.P4. No

valid grounds are made out by the petitioner for interference in the

writ petition filed under Article 227 of the Constitution of India.

The sale proclamation is drawn up on 12/10/09. In view of the long

gap, I direct the decree holder to move the execution court for

publication of notice of sale in newspaper.

Writ Petition is dismissed.

HARUN-UL-RASHID,
Judge.

kcv.