IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25236 of 2008(D)
1. SHEEBA
... Petitioner
Vs
1. MADHUSOODHANAN NAIR
... Respondent
For Petitioner :SRI.T.S.HARIKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :21/08/2008
O R D E R
M.SASIDHARAN NAMBIAR, J.
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W.P.(C) No.25236 of 2008
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Dated this the 21st August, 2008.
J U D G M E N T
This petition is filed by the wife of judgment debtor
directing Sub Court, Neyyattinkara, to set aside Ext.P4 sale
proclamation and to consider Exts.P5 and P6 petitions and pass
orders thereafter.
2. The learned counsel appearing for the petitioner
was heard.
3. Petitioner had earlier filed W.P.(C) No.21687 of
2007 challenging the earlier proclamation issued by the executing
court. Under Ext.P2 judgment, this Court directed the executing
court to grant one month’s time to enable petitioner to have a
breathing time, as it was contended that her husband, judgment
debtor, has abandoned her. That judgment was passed on
13.7.2007. If the petitioner wants to avoid the sale, she has
sufficient time to pay off the debt.
W.P.(C) No.25236 of 2008
2
3. The argument of the learned counsel for the
petitioner is that property is worth more than Rs.11 lakhs, but
the upset price earlier fixed was Rs.4 lakhs, which was
subsequently reduced to Rs.1,70,000/=, and petitioner is the
mother of the minor children and as judgment debtor is not
there, the proclamation for sale is to be set aside. Learned
counsel also argued that petitioner has filed an application under
Rule 58 of Order XXI of Code of Civil Procedure, and petitions
are pending and before disposing the petitions, the property may
not be sold.
On hearing the learned counsel, I do not find any
illegality or irregularity in the sale proclamation warranting
interference. If petitioner has a charge in the property as
claimed by her, and therefore, has interest in the property,
petitioner has a remedy to apply under Rule 89 of Rule 90 of
Code of Civil Procedure, once sale is effected. Petition is
dismissed.
M.SASIDHARAN NAMBIAR,
JUDGE
nj.