IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28007 of 2008(H)
1. V.K.GOWRI AMMA, D/O.PARVATHY AMMA,
... Petitioner
Vs
1. T.M.RAMAKRISHNAN, S/O.KAMARAN NAMBIAR,
... Respondent
For Petitioner :SRI.K.MOHANAKANNAN
For Respondent :SRI.P.U.SHAILAJAN
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :12/11/2008
O R D E R
K.P.BALACHANDRAN, J.
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W. P. C. No.28007 of 2008
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Dated this the 12th day of November, 2008
JUDGMENT
Heard counsel on both sides. The
grievance of the petitioner is that an extent
of 1.28 acres of land and ‘tharvad’ building,
well etc. therein is attempted to be brought
to sale including it in the draft sale
proclamation; that the property is worth more
than Rs.30 lakhs and the building itself will
be worth more than Rs.20 lakhs; and that a
portion of the property alone will be
sufficient to satisfy the decree debt which
will be less than Rs.2 lakhs. Counsel for the
petitioner submits that the said objection has
not been considered by the execution court and
without considering that, the sale
proclamation is settled and the case is posted
for sale. Counsel for the respondent does not
deny that the property that is brought to sale
W. P. C. No.28007 of 2008 -2-
is 1.28 acres of land with building therein
though the petitioner has not produced a copy
of the proclamation. It is however, a matter
of deep concern if for an amount of rupees
less than two lakhs an extent of 1.28 acres of
land with a building is brought to sale
without the execution court itself getting
satisfied about the value of the property.
2. Considering the entire circumstances
of this case, I direct that a portion only of
the property of 1 acre and 28 cents not
extending 25 cents alone shall be put to
auction in the first instance and only in the
event of there being no bidders to purchase
that property for the balance debt need
additional extent also be incorporated and
brought to sale. The execution court shall do
the needful in the matter while bringing the
property to sale, as an ordinary prudent man
W. P. C. No.28007 of 2008 -3-
would do in relation to his own property.
3. This Writ Petition is disposed of with
the above directions.
K.P.BALACHANDRAN,
JUDGE
kns/-