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P.S. BASURA, W/O.K.R. RAVI versus THE FEDERAL BANK LIMITED

High Court of Kerala

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P.S. BASURA, W/O.K.R. RAVI v. THE FEDERAL BANK LIMITED - WP(C) No. 1129 of 2007(H) [2007] RD-KL 761 (10 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 1129 of 2007(H)

1. P.S. BASURA, W/O.K.R. RAVI,
... Petitioner

2. K.R. RAVI, S/O.RAGHAVAN, DO.

Vs

1. THE FEDERAL BANK LIMITED,
... Respondent

For Petitioner :SRI.A.KRISHNAN

For Respondent : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

Dated :10/01/2007

O R D E R

M.SASIDHARAN NAMBIAR, J.

........................................... W.P.(C)No.1129 OF 2007 ............................................

DATED THIS THE 10TH DAY OF JANUARY, 2007



JUDGMENT

Petitioners are judgment debtors and respondent, the decree holder. This petition is filed under Article 227 of Constitution of India challenging Ext.P2 order whereunder the executing court directed sale of item No.2 of charged properties after fixing a reserve price of Rs.4,50,000/-. Under Ext.P1 objection, petitioner contended that the total value of the property would exceed Rs.18,00,000/- and value per cent is Rs.50,000/- and there is a building worth Rs.8,00,000/-. The grievance of petitioner was that by directing sale of the property, executing court did not determine the value of the property and fixed only the reserve price of Rs.4,50,000/- and therefore the order is to be quashed.

2. On going through Ext.P2 order, it is clear that executing court did not comply with the provisions of Rule 66 of Order XXI of Code of Civil Procedure. Though under second proviso to Sub rule 2 of Rule 66, executing court is not to enter its own value of the WP(C)1129/2007 2 property to be sold, it mandates that when the decree holder and the judgment debtor had given their own estimates of the value of the property executing court has to incorporate the value claimed by both parties in the sale papers. As it was not done, executing court is directed to incorporate the value claimed by the judgment debtors also in the sale papers and direct sale of the property only thereafter. Writ petition is disposed accordingly.

M.SASIDHARAN NAMBIAR, JUDGE

lgk/-


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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