Devan v. Raghavan
Case brief
What is this about?
First appeal against拒绝 set aside of an auction sale in execution proceedings. The High Court held that the sale proclamation complied with CPC requirements, newspaper publication was prudent but not mandatory, and the sale price was justified. Appeal dismissed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN & THE HONOURABLE MR. JUSTICE P.SOMARAJAN
FRIDAY, THE 17TH DAY OF MARCH 2017/26TH PHALGUNA, 1938
FAO.No. 187 of 2016 ()
----------------------AGAINST THE ORDER IN E.A.NO.270/2015 IN E.P.NO.76/2011 IN OS 205/2007 of SUB COURT, OTTAPPALAM DATED 08.01.2016
APPELLANT(S)/RESPONDENT/PETITIONER :
K.DEVAN, S/O.RAMAN, KALATHILKUNDIL VEEDU, PANAYUR DESOM, KOONATHARA AMSOM, OTTAPALAM TALUK, PALAKKAD DISTRICT.
BY ADV. SRI.P.JAYARAM
RESPONDENT(S)/PETITIONER/RESPONDENT :
RAGHAVAN, S/O.CHUNGATH KONTHUNNI, PANAYUR DESOM, KOONATHARA AMSOM, P.O.VANIYAMKULAM, OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN-679 522.
Issues for consideration
3 issues framed by the court
Whether the appellant is entitled to set aside the auction sale due to alleged irregularity in the sale proclamation and inadequate auction price.
Whether publication of sale proclamation in a newspaper is a mandatory statutory requirement under Order 21 of the Code of Civil Procedure.
Whether the sale of 7 cents of property when the decree debt was only 3,19,513/- prejudices the appellant.
Parties & counsel
- appellant
K.DEVAN
- respondent
RAGHAVAN
Coram
P.N.RAVINDRAN
Case details
As recorded by the court registry
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