IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 OP(C).No. 393 of 2010(O) ------------------------ EP.601/2004 IN OS.347/1996 of SUB COURT, MAVELIKKARA .................... PETITIONER ------------------------------ B.RAJASEKHARAN, F.F.2, HOUSE NO.201, VRINDAVAN HOUSING COLONY, PATTOM, THIRUVANANTHAPURAM, (NOW RESIDING AT SHYAM NIVAS, HOUSE NO.163A, JAWAHAR NAGAR, KOLLAM). BY ADV. SRI.R.SATISH KUMAR RESPONDENT(S): --------------- M.P.CHANDRAN PILLAI, S/O.PARAMESWARAN PILLAI, MATTATHU VADAKKATHIL, PATHIYOORKALA, KEERIKKAD P.O., ALAPPUZHA DISTRICT - 690 508. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.393 of 2010 -------------------------------------- Dated this the 20th day of October, 2010. JUDGMENT Judgment debtor in E.P.No.601 of 2004 in O.S.No.347 of 1996 of the court of learned Sub Judge, Mavelikkara is the petitioner before me. According to the petitioner, a decree for payment of money has been passed against him. That decree is being executed by the respondent/decree holder at Sub Court, Mavelikkara to which court the decree certificate was transmitted. Petitioner states that he did not get notice from the executing court and learnt about the execution proceedings only when sale proclamation was affixed in the property. 13 cents belonging to the petitioner was attached before judgment and now is being proceeded against for sale in execution. According to the petitioner, market value of the property shown as Rupees fourteen lakhs is grossly inadequate as it is valued at Rupees four lakhs per cent. Petitioner has filed Ext.P1 to P3, applications to set aside the exparte order against him, to condone the delay and to appoint an Advocate Commissioner to assess value of the property. Apprehension of the petitioner is that without disposing of Exts.P1 to P3, applications property may be sold. 3. Having regard to the circumstances stated, learned Sub Judge, Mavelikkara is directed to consider and dispose of Exts.P1 to P3, applications OP(C) No.393/2010 2 before proceeding with sale of the property. Original Petition is disposed of with the above direction. THOMAS P.JOSEPH, Judge. cks