IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 WP(C).No. 910 of 2008(G) ------------------------ AGAINST THE ORDER DATED 31/10/2007 IN EP 288/2000 IN OS.402/1995 of II ADDL.SUB COURT,THRISSUR .................... PETITIONER: ------------ 1. PULIKKOTTIL JAMES, PULIKKOTTIL OIL MILLS, S/O. PORINCHU, ELAMTHURUTHI P.O., KUTTANELLOOR. 2. T.C. MARY, W/O. PULIKKOTTIL PORINCHU, ELAMTHURUTHI P.O., KUTTANELLOOR, THRISSUR. BY ADV. SRI.ASP.KURUP SRI.SADCHITH.P.KURUP RESPONDENTS: ------------- STATE BANK OF INDIA, KURIYACHIRA BRANCH, THRISSUR DISTRICT, REPRESENTED BY ITS BRANCH MANAGER. BY S.C. SRI. K.K. CHANDRAN PILLAI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== W.P.(C)No.910 OF 2008 ===================== Dated this the 8th day of January 2008 JUDGMENT This writ petition is filed to issue a writ of mandamus directing the court below to conduct a proper enquiry before directing the decree holder to furnish draft proclamation regarding the present value of the property. 2. Heard the learned counsel for the petitioners as well as the learned counsel for the respondent. The main grievance of the petitioner is that the property is worth about 2 lakhs per cent and it will at least fetch a sum of Rs.20 lakhs and it has to be considered before sale is ordered. Since the decree holder has not moved an application seeking permission to purchase the mortgage property the question of fixation of a reserve price which shall not be below the amount due does not arise for consideration in this case. The Civil Procedure Code also specifies that even in such cases there can be a direction to reduce the value of the property. But we are not at that stage now and the amended C.P.C. provides adequate power to the court to incorporate the price suggested by the decree holder as well as by the judgment debtor and put the property for sale. Therefore whatever may be WP(C) 910/2008 -:2:- the upset price fixed by the court in order to enable the purchaser to know the estimated value of the property given by the decree holder and the judgment debtor it is desirable that the price suggested by the judgment debtor also is incorporated in the draft sale proclamation. Therefore, I direct the decree holder herein to incorporate an amount of Rs.20 lakhs which is the price suggested by the judgment debtor as the value of the property also in the proclamation within two weeks from today, then fix a date for sale and proceed in accordance with law. It goes without saying that the sale which stands posted to 9.1.2008 has to be deferred for the purpose of carrying out the necessary directions. Writ petition is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-