IN THE HIGH COURT OF KERALA AT ERNAKULAM
FAO.No. 71 of 2008()
1. SUHARA, W/O.MUHAMMED BASHEER,
... Petitioner
2. MUHAMMED BASHEER, -DO-, -DO-.
Vs
1. THE FEDERAL BANK LTD., BRANCH
... Respondent
For Petitioner :SRI.DILIP J. AKKARA
For Respondent :SRI.MOHAN JACOB GEORGE
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.BHAVADASAN
Dated :10/08/2009
O R D E R
P.R. RAMAN & P. BHAVADASAN, JJ.
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F.A.O. 71 OF 2008
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DATED THIS, THE 10TH DAY OF AUGUST, 2009.
J U D G M E N T
Raman, J.
The appellants are the judgment debtors whose property has been
sold in execution of the decree obtained for realisation of the amount due
to a scheduled Bank. The property was purchased by the Bank itself since
there was no other buyer. Contending that the property has been sold for
an inadequate price, an application was filed to set aside the same. It is
contended that the property is having an extent of 94 cents with a building
thereon. But on the date on which the petition was posted, the petitioners
were absent. Still the court below considered the matter on merits. As a
matter of fact, objection was raised by the judgment debtors and
proclamation was settled only after considering such objection. But even
now, petitioners are not in a position to say as to the value that the
property would fetch.
2. We have heard the learned counsel appearing on behalf of the
appellants and the respondents and gone through the records. We find that
the E.P. Amount comes to Rs. 7,44,000/-. Petitioners did not ask for any
F.A.O. 71/2008 2
private sale. The Execution Petition was filed as early as in 2007 and two
years have elapsed thereafter. Even now, the petitioners are not in a
position to say as to whether they could get a buyer for a higher amount so
as to impress upon this Court that the property has been sold at a lesser
price. It is up to the petitioners to adduce evidence in support of their
contention that the property will fetch a higher value than what has been
settled as per the proclamation. No such evidence is adduced. In such
circumstances, we find no merit in the contention. However, an
opportunity is given to the appellants and in case the appellants deposits
the entire amount within a period of six weeks from today, the impugned
order will stand set aside and the appellants will be given an opportunity to
adduce evidence in the I.A. In case of default, this appeal will stand
dismissed.
The appeal is disposed of as above.
P.R. RAMAN, JUDGE
P. BHAVADASAN, JUDGE.
KNC/-