IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2519 of 2009(Y)
1. D.P.VALSALAKUMAR, S/O.LATE P.KUMARAN,
... Petitioner
Vs
1. C.P.NITHYANANDAN, AGED 68 YEARS,
... Respondent
2. C.P.SAGUNABAI, AGED 66 YEARS,
3. P.V.VASANTHA, AGED 64 YEARS, GANGA,
4. C.V.SUDEVAN, AGED 62 YEARS,
5. C.P.SATHYAPALAN, AGED 60 YEARS,
6. C.P.MANOMOHANAN, AGED 58 YEARS,
7. C.P.MANOHARAN, AGED 55 YEARS,
For Petitioner :SRI.C.K.SREEJITH
For Respondent : No Appearance
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :23/01/2009
O R D E R
K.P. Balachandran, J.
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W.P.(C)No.2519 of 2009 Y
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JUDGMENT
Petitioner is the sixth judgment debtor in E.P.
No.265/97 in O.S.No.455/94 on the file of the Sub
Court, Thalassery. The prayer in this writ petition
is for a direction being issued to the court below
to grant the petitioner one year’s time to pay the
entire balance amount in the execution petition.
It is submitted that the amount due to the
respondents/decree holders will be about Rupees Two
lakhs.
2. Now, the property has been brought up for
sale on the execution side. The grievance of the
petitioner is that what is brought to sale is the
property which is worth crores. It has to be borne
in mind that the execution petition is of the year
1997 and the decree that is sought to be executed
is one passed in a suit filed as early as in 1994
and the petitioner/sixth judgment debtor has no
case that he is penniless. What is attempted to be
WPC 2519/09 2
brought to sale is the right of the petitioner over
the building constructed by him in relation to
which he has claimed benefit under Section 106 of
the Kerala Land Reforms Act and the decree is
stated to be for arrears of rent. There is
absolutely no reason why this Court has to issue
any direction, as prayed for, in the circumstances
of the case.
In the result, I dismiss this writ petition.
23rd January, 2009 (K.P.Balachandran, Judge)
tkv