IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 WP(C).No. 5594 of 2010(O) ------------------------------------- (E.P. NO. 186/2002 IN OS.103/1998 OF SUB COURT, MUVATTUPUZHA) .................... PETITIONER: ------------------- SUKUMARAN, AGED 60 YEARS, S/O. NARAYANAN, ERAMBARATHU HOUSE, VADASSERY HOUSE, KOTTAPPADY VILLAGE. BY ADVS. MR.DINESH R.SHENOY, MR.G.HARIKRISHNAN (TRIPUNITHURA), MR.MAHESH MENON. RESPONDENT: ---------------------- KURIAKOSE, S/O. POULOSE, CHUNDATTU HOUSE, ELAMBRA KARA, ERAMALLUR VILLAGE. BY ADV. MR.PEEYUS A.KOTTAM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.5594/2010-O: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE E.P. NO. 186/2002 IN O.S. NO. 103/1998, SUB COURT, MUVATTUPUZHA. EXT.P.2: COPY OF THE JUDGMENT DTD. 16/01/2008 IN FAO. NO. 208/2004, HIGH COURT OF KERALA. EXT.P.3: COPY OF THE OBJECTION DTD. 09/07/2008 FILED BY THE PETITIONER IN E.P. NO. 186/2002 IN O.S. NO. 103/1998, SUB COURT, MUVATTUPUZHA. EXT.P.4: COPY OF THE ROUGH SKETCH SUBMITTED BY THE PETITIONER IN E.P. NO. 186/2002, SUB COURT, MUVATTUPUZHA. EXT.P.5: COPY OF THE E.A. NO. 420/2008 IN E.P. NO. 186/2002 IN O.S. NO. 103/1998, SUB COURT, MUVATTUPUZHA. EXT.P.6: COPY OF THE REPORT OF ADVOCATE COMMISSIONER, SABU ANTONY IN E.A. NO. 420/2008 IN E.P. NO. 186/2002, SUB COURT, MUVATTUPUZHA TOGETHER WITH SURVEY SKETCH. EXT.P.7: COPY OF THE DRAFT SALE PROCLAMATION. EXT.P.8: COPY OF THE OBJECTION DTD. 24/04/2009 IN O.P. NO. 186/2002, SUB COURT, MUVATTUPUZHA. EXT.P.9: COPY OF THE ORDER DTD. 18/01/2010 IN E.P. NO. 186/2002, SUB COURT, MUVATTUPUZHA. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.BHAVADASAN, J. ------------------------------------- WP(C) No.5594 of 2010-0 ------------------------------------- Dated 11th March 2010 Judgment In this Petition under Article 227 of the Constitution, the petitioner seeks to have Ext.P9 order set aside. 2. The petitioner is the judgment debtor in EP No.186/02 in OS No.103/98 before the Sub Court, Muvattupuzha. The suit is one for money. Various allegations are made in the Petition, which are not relevant for the disposal of the Petition. Suffice to say that a decree for Rs.2,94,200/- was passed by the Trial Court, which was put in execution by the decree holder. 3. Initially, the entire 54 cents of property was sought to be sold for meeting the decree debt. But, in execution, an objection was taken by the petitioner/judgment debtor stating that it was unnecessary to sell the entire property and the sale of 1/3rd portion will be sufficient to meet the decree debt. Accordingly, an order was passed to that effect. But, it is stated that subsequently, a review petition was filed and a WPC 5594/10 2 fresh order was passed in the RP, directing to sell the entire property. The petitioner challenged the said order before this Court by filing FAO No.208/04. This Court by Ext.P2 judgment, set aside the impugned order and directed sale of only 1/3rd portion of the property. 4. Thereafter, the petitioner submitted an objection to the draft sale proclamation produced by the respondent, pointing out that the property had extensive road frontage of 35 metres and it could be divided into 3 equal portion lengthwise and westernmost portion with a road frontage of 15.5 metre alone need be sold. A sketch of the property is also produced as Ext.P4. It is submitted by the petitioner that the portion on the western side lying east of PVIP Sub Canal, can be sold and that will be sufficient to meet the decree debt. The decree holder submitted that he has also no objection to the course, suggested by the petitioner. Accordingly, this Writ Petition is allowed with a direction that the portion on immediate eastern side of PVIP Sub Canal, in Ext.P4 alone needs to be brought to sale now, for meeting the decree debt. If, after sale of the said portion, the decree is not satisfied, the decree holder will be at WPC 5594/10 3 liberty to proceed against other portions of the property. Ext.P4 shall form part of this Judgment. The execution proceedings shall be completed within a period of three months from today. P.BHAVADASAN, JUDGE sta WPC 5594/10 4