IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 6347 of 2010(O)
1. PRAMEELA, W/O. MURUTHACHALAM,
... Petitioner
Vs
1. THE MANAGER, CANARA BANK,
... Respondent
2. MOHAMMED RAFEEK,
3. N. KUNJAYAMMU, S/O. HAMZA NAMBULLY HOUSE
For Petitioner :SRI.C.V.MANUVILSAN
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :19/05/2010
O R D E R
THOMAS P JOSEPH, J.
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W.P.C.No.6347 of 2010
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Dated this 19th day of May, 2010
JUDGMENT
This writ petition is filed by the judgment debtor in E.P.No.75
of 2008 in O.S.No.212 of 2006 of the court of learned Sub Judge,
Tirur. Respondent No.1 obtained decree for recovery of
Rs.4,29,300/- with interest at the rate of 9% per annum. It
launched execution for recovery of Rs.5,06,574/- and the property
of petitioner/judgment debtor-1 was proclaimed for sale as per
Ext.P2. That is under challenge in the writ petition contending that
the entire property was not required to be sold.
2. When the writ petition came up for hearing on 01-03-
2010 this court issued an interim order of stay against confirmation
of sale for a period of one month on condition that petitioner paid
Rs.50,000/- to respondent No.1 within one month from that day.
Later on the request of petitioner, time for deposit of the amount
was extended by one week as per order dated 06-05-2010. Still the
direction has not been complied, it is complained by learned
counsel for respondent No.1. Learned counsel for petitioner also
admits that the said condition has not been complied.
3. So far as the challenge to execute Ext.P2 is concerned,
the property brought up for sale is 48 cents. The upset price fixed
W.P.C.No.6347 of 2010
: 2 :
is Rs.5,00,000/-. There is nothing on record to show that the upset
price fixed is low. Having regard to the circumstances stated by
learned counsel there is no reason why this court should interfere
under Article 227 of the Constitution at this stage.
Resultantly the writ petition is dismissed without prejudice to
the right if any of the petitioner to challenge the sale if any,
conducted pursuant to Ext.P2 on appropriate grounds as provided
under law.
(THOMAS P JOSEPH, JUDGE)
Sbna/-