IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP(C).No. 453 of 2010(O)
1. KARUNAKARAN, S/O. KESAVAN, AGED 75 YRS,
... Petitioner
Vs
1. KESAVAN NADAR, S/O. MADHAVAN NADAR,
... Respondent
For Petitioner :SRI.D.GANESH KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :26/10/2010
O R D E R
THOMAS P.JOSEPH, J.
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O.P(C) No.453 of 2010
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Dated this the 26th day of October, 2010
J U D G M E N T
Judgment debtor in E.P. No.459 of 2005 in O.S. No.1017 of
1994 of the court of learned Additional Sub Judge-II,
Thiruvananthapuram is the petitioner before me challenging
Ext.P5, order. It is contended by learned counsel that as per
Ext.P2, proclamation schedule extent of property proposed to be
sold is four Ares and that even as per the valuation statement
submitted by the decree holder on 19.03.2009 value of the
property is stated as Rs.61,765/- per Are but for the sum of
Rs.1,96,000/- due from the petitioner four Ares of land belonging
to the petitioner is proposed to be sold. It is also pointed out by
learned counsel that by Ext.P3, objection petitioner has pointed out
that respondent-decree holder was bound to comply with Rule 330
of the Civil Rules of Practice (for short, “the Rules”) but that has
not been complied. Still by Ext.P5, order learned Sub Judge has
ordered to proclaim and sell the property on 02.11.2010.
2. So far as the valuation of property is concerned it is not
disputed that petitioner did not adduce evidence to show that
O.P(C) No.453 of 2010
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property would fetch any higher price than the upset price fixed
as per Ext.P2, i.e., Rs.2,25,000/-.
3. So far as the contention that Rule 330 of the Rules is
not complied I direct the executing court that the objection if any
raised before that court shall be considered before property is
sold. In other respects I do not find reason to interfere with the
impugned order.
Original Petition is disposed of directing the executing court
to consider and pass appropriate orders on the objection if any
raised by the petitioner before that court with regard to non-
compliance, if any with Rule 330 of the Rules before property is
sold.
THOMAS P. JOSEPH, JUDGE.
vsv