The High Court ordered modification of a sale proclamation for execution proceedings. It directed selling the property in two lots and incorporating estimates from both parties in the sale proclamation under relevant CPC rules.
Sale proclamation to be modified to sell property in two lots with incorporated estimates from both sides; petition disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
FRIDAY, THE 16TH DAY OF NOVEMBER 2012/25TH KARTHIKA 1934
OP(C).No. 1184 of 2012 (O)
EP.NO.59/2010 IN AR.15/2009 of D.C. & SESSIONS COURT,KOZHIKODE
PETITIONER(S)/JUDGMENT DEBTORS/RESPONDENTS:
1. V.P.PAVITHRAN, AGED 47 YEARS S/O.MR.KUMARAN, VADAKKEPOYIL HOUSE MARUTHOMKARA (P.O), KAVILAMPARA VIA, KOZHIKODE.
2. N.P.GOPALAN
3. REENA.K.T. W/O.PAVITHRAN.V.P., VADAKKEPOYIL HOUSE MARUTHOMKARA (P.O), KAVILAMPARA VIA, KOZHIKODE.
BY ADV. SRI.L.RAJESH NARAYAN
RESPONDENT(S)/DECREE HOLDER/CLAIMANT:
M/S. SAKTHI FINANCE LTD.
REP.BY MR.GURUPRASAD, GENERAL MANAGER (OPERATIONS) 62, DR.NANJAPPA ROAD, COIMBATORE-641 018 THROUGH ITS BRANCH OFFICE, 5/2248-D, MAVOOR ROAD KOZHIKODE-673 001.
RR BY ADV. SRI.DEVAPRASANTH.P.J.
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 16-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 1184 of 2012 (O)
APPENDIX
PETITIONERS EXHIBITS
RESPONDENTS EXHIBITS NIL
TRUE COPY
P.A TO JUDGE
SMM
V.CHITAMBARESH,J.
= = = = = = = = = = =
O.P.(C) No.1184 of 2012
= = = = = = = = = = = == = = = = Dated this the 16th day of November, 2012
J U D G M E N T
It is trite law that only such of the property as is necessary to satisfy the decree debt need be sold. This is the principle enshrined in Order XXI Rule 64 of the Code of Civil Procedure. The property proclaimed for sale in the instant case is 2.75 cents of land. The court below shall sell the property proclaimed for sale in two lots of almost equal area. Lot No.2 need be sold only if the sale proceeds of lot No.1 are insufficient to discharge the award amount. Both the lots shall be proclaimed for sale at the same venue and date.
O.P.(C) No.1184 of 2012
2
The Original Petition (Civil) is disposed of.
V.CHITAMBARESH. JUDGE
smm
O.P.(C) No.1184 of 2012 3
3 issues framed by the court
whether the sale proclamation should be modified to sell the property in two lots
whether the upset price fixed for sale is adequate considering petitioner estimates
whether the sale proclamation should incorporate estimates from both debtor and decree-holder
2 provisions across 1 enactments
V.P.PAVITHRAN
N.P.GOPALAN
REENA.K.T.
M/S. SAKTHI FINANCE LTD.
V.CHITAMBARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
