IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16217 of 2008(E)
1. K.Y. RASHEED,
... Petitioner
Vs
1. THE TRADING COMPANY,
... Respondent
For Petitioner :SRI.B.KRISHNA MANI
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :09/06/2008
O R D E R
M.SASIDHARAN NAMBIAR, J.
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W.P.(C) No.16217 of 2008
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Dated this the 9th June, 2008.
J U D G M E N T
Petitioner is the judgment debtor in O.S.No.35/2001, on
the file of the Sub Court, Alappuzha. As per the decree, respondent is
entitled to Rs.5,85,219/= with interest at the rate of 6% per annum
on the principal amount of Rs.3,25,000/=. This petition is filed under
Article 227 of the Constitution of India challenging Ext.P4 order, where
under petitioner sought a direction to the Executing Court to exclude
the immovable properties from sale and only to proceed against the
movable properties scheduled in the petition. The Executing Court
dismissed the petition under Ext.P4 order, dated 16.1.2008.
2. The learned counsel appearing for the petitioner was
heard.
3. On hearing the learned counsel for the petitioner and
on going through Ext.P4 order, I do not find any illegality or
irregularity warranting interference. When there is a charged decree,
judgment debtor is not entitled to contend that decree holder is not
W.P.(C) No.16217/2008
2
entitled to proceed against the charged properties and also has no
right to restrict the sale to movable properties, even if the case is that
by sale of the movables, the decree debt could be realised. Therefore,
Ext.P4 order is legal.
The learned counsel for the petitioner then submitted
that balance decree debt due to the respondent is less than Rupees
Two Lakhs and petitioner is making all efforts to make the payment
without any delay, and, therefore, time may be granted to the
petitioner to pay the decree debt. If the petitioner pays substantial
portion of the decree debt and applies to the Executing Court,
Executing Court to grant time to the petitioner to pay the balance
decree debt. Petition is dismissed.
M.SASIDHARAN NAMBIAR,
JUDGE
nj.