IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 16941 of 2008(P) -------------------------- AGAINST THE ORDER DATED IN EP 135/2006 IN OS.226/2003 of PRL.SUB COURT,THALASSERY .................... PETITIONER: PETITIONER ---------------------- P.P. JAYALAKSHMI, W/O. P.C. SUKUMARAN, SREEPURAM NEAR POURSOME CORPORATION, P.O. ALAVIL, KANNUR-6. BY ADV. SRI.A.K.ABDUL AZEEZ SMT.M.R.JAYALATHA RESPONDENTS: RESPONDENTS ------------------------ 1. CATHOLIC SYRIAN BANK, REP. BY ITS BANK MANAGER, AZHIKODE BRANCH. 2. SUB COURT, THALASSERY. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06 / 06 /2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. --------------------------------------------- W.P.(C) .NO. 16941OF 2008 --------------------------------------------- DATED THIS THE 6TH DAY OF JUNE, 2008 JUDGMENT This petition is filed under Article 227 of Constitution of India to direct respondent to grant 3 months time to clear the decree debt and also to quash Ext.P2 sale notice. 2. Learned counsel appearing for petitioner was heard. The argument of the learned counsel appearing for petitioner is that under Ext.P1 Judgment this court in W.P(C)617 of 2008 directed petitioner to pay Rs.60,000/- out of the decree debt and also to file an objection and the Executing court to show the value of the property claimed by the judgment debtor also in the sale proclamation. It is submitted that execution petition is posted for today for sale and in the sale proclamation, the value shown by the petitioner in the objection was not shown. Petitioner did not produce the objection filed before Executing court showing the value of the property estimated by him. Under WPC16941/08 2 proviso to Rule 66(1) of Order XXI of Code of Civil Procedure Executing court is not to enter upon its value of the property to be sold and need only show the value of the property stated by decree holder and judgment debtor, if any. Without producing the objection filed before the executing court and also the order of the executing court directing proclamation and sale after considering the objection to the notice served under Rule 66(1) of Order XXI, it is not possible to hold that there was any violation of the directions of this court or the provision of Rule 66. On directions registry was informed by the executing court that sale stands adjourned to 5.7.2008. In such circumstances, petitioner is granted liberty to move the executing court showing the violations of Rule 66 of Order XXI or the directions of this court, in case there is any violation pointed out the same without further delay. If any such petition is moved, executing court shall pass appropriate order including the correction of any procedural error and conduct sale only thereafter. 3. Learned counsel appearing for petitioner sought time for payment of the decree debt. It is for the petitioner to make the prayer before the Executing court. If petitioner pays WPC16941/08 3 substantial portion of the decree debt Executing court may grant time to enable the judgment to pay off the decree debt and avoid the sale. The petition is disposed accordingly. M. SASIDHARAN NAMBIAR, JUDGE Okb/-