Allowed

George Thomas v. C.D.James

Kerala HC4 Dec 2012OP(C)/1524/2012

Case brief

AI extract

What is this about?

This order disposed of an objection to an execution sale proclamation. The court directed the execution court to include both parties' property estimates in the proclamation and to sell the land in two lots (one with the building, one without the building).

What did the court decide?

The execution court to incorporate both parties' estimates in the proclamation and sell the property in two lots (one with building, one without).

George Thomas Vs C.D.James — Execution and Attachment | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

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TUESDAY, THE 4TH DAY OF DECEMBER 2012/13TH AGRAHAYANA 1934

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OP(C).No. 1524 of 2012 (O) -------------------------OS.155/2007 of PRINCIPAL SUB COURT,KOLLAM

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PETITIONER(S):

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GEORGE THOMAS, AGED 62 YEARS S/O.GEORGE, JINU BHAVANAM, ADICHANALLOOR P.O. 691 573, KOLLAM DT.

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BY ADVS.SRI.N.SUBRAMANIAM SRI.M.S.NARAYANAN SRI.P.T.GIRIJAN SMT.USHA NARAYANAN

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RESPONDENT(S):

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C.D.JAMES S/O.DAVID, J.M.NIVAS, NALLILA PO-691 515 NEDUMPURA VILLAGE, KOLLAM DT.

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RR BY ADV. SRI.ALEX N.MATHEW (KOLLAM) RR BY ADV. SRI.H.RAMANAN RR BY ADV. SRI.JAMES JOSE

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 04-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX IN O.P.(C) NO.1524 OF 2012

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PETITIONER'S EXTS:

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EXT.P1 TRUE COPY OF THE E.P.NO.609/2010 IN O.S.NO.155/2007 EXT.P2 TRUE COPY OF THE AFFIDAVIT AND DRAFT SALE PROCLAIMATION FILED BY THE DECREE HOLDER IN E.P.NO.609/2010 IN O.S.NO.155/2007

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EXT.P3 TRUE COY OF THE DETAILED OBJECTION FILED BY THE PETITIONER EXT.P4 TRUE COPY OF THE JUDGMENT IN O.P.516/2012 EXT.P5 TRUE COPY OF THE ORDER PASSED BY THE EXECUTION COURT (PRL. SUB COURT, KOLLAM)

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//TRUE COPY//

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P.S. TO JUDGE.

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V.CHITAMBARESH, J.

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O.P.(C) No. 1524 of 2012

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Dated this the 4^th day of December, 2012

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J U D G M E N T

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An extent of 23.55 cents of land with a building

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thereon of plinth area about 4000 square feet has been proclaimed for sale in execution of a decree for realisation of money of Rs.6,14,250/- with interest. The petitioner/judgment debtor has serious objection and his grievances are two fold. They are:

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i) The land and the building would fetch a sum of Rs.50 lakhs on a modest estimate whereas a ridiculously low amount of Rs.8 lakhs has been fixed as the upset price.

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ii) Only a portion of the property need be sold to satisfy the decree debt in the instant case.

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I direct the execution court to incorporate the

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estimate of the decree holder as well as the judgment debtor in the sale proclamation. This will be in tune with Order XXI Rule 66 of the Code of Civil Procedure. I also direct the execution court to sell the property in two lots - one with building and the

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O.P. (C) No.1524/2012

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other plot without. Both lot Nos. I and II shall be proclaimed for sale on the same date and venue. Lot No.II need be sold if the proceeds of Lot No.I are insufficient to satisfy the decree debt. This will be in tune with Order XXI Rule 64 of the Code of Civil Procedure.

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I permit the parties to apply for modification of the sale proclamation, if necessary. Motion, if any, made shall be considered within a period of two weeks therefrom. The court below shall surge ahead with the execution proceedings and take the same to a logical end without delay. Nothing said in this judgment will disable the parties to arrive at an amicable settlement before the date of sale.

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The original petition is disposed of.

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V.CHITAMBARESH, Judge.

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nj.

George Thomas v. C.D.James

Case brief

What is this about?

What did the court decide?

George Thomas v. C.D.James

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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