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MAHADOOR RAWTHER,THANDAM PARAMBIL versus THE CATHOLIC SYRIAN BANK LTD

High Court of Kerala

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MAHADOOR RAWTHER,THANDAM PARAMBIL v. THE CATHOLIC SYRIAN BANK LTD - WP(C) No. 16820 of 2007(B) [2007] RD-KL 9883 (8 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 16820 of 2007(B)

1. MAHADOOR RAWTHER,THANDAM PARAMBIL
... Petitioner

2. PATHUMMA BEEVI, W/O.MAHADOOR RAWTHER,

Vs

1. THE CATHOLIC SYRIAN BANK LTD,
... Respondent

For Petitioner :SRI.K.JAYAKUMAR

For Respondent : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

Dated :08/06/2007

O R D E R

M.N.KRISHNAN, J.

W.P.(C) No.16820 2007 B

Dated this the 8th day of June, 2007.



JUDGMENT

This writ petition is preferred against the order of the Executing Court i.e. Munsiff-Magistrate Court, Sasthamcotta in E.P.No.20/06 in O.S.No.411/99.

2. In execution of the decree, the property of the judgment debtors was sold in auction and the decree holder had purchased it for Rs.64,000/- and he has been permitted to adjust the same towards the decree debt. The sale has been confirmed on 4.6.2007.

3. The main objection raised by the judgment debtors is that there was no need to sell the property for recovery of the decree debt. It is seen that the entire property has been sold for Rs.64,000/-, whereas the decree debt exceeds the same. The decree holder is a scheduled bank and it will be satisfied if the amount is paid in full. Hence, I feel that an opportunity can be given to the judgment debtors to wipe off the liability. W.P.(C) No.16820 of 2007

4. Therefore, the writ petition is disposed of as follows: (1) Writ petitioners are directed to make payment towards the decree debt in three equal monthly instalments, commencing from 09.07.2007. (2) If the entire decree debt is wiped off within the stipulated time, the sale shall stand set aside and (3) if there is failure on the part of the judgment debtors to pay the amount, as stipulated above, the Executing Court can confirm the sale and proceed in accordance with law. Sd/- (M.N.KRISHNAN)

JUDGE

sk/ //true copy// P.S. To Judge


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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