IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 WP(C).No. 11884 of 2008(M) -------------------------------------- AGAINST THE ORDER IN EA 909/2004 IN EP 343/03 IN OS.333/1999 OF ADDL.SUB COURT,PARAVUR ............................................... PETITIONERS: -------------------- 1. SOPHIYA, W/O. KUNJACHAN, AGED 46 YEARS, BAVELI HOUSE, CHIRAKKAKOM KARA, VARAPUZHA VILLAGE, PIN - 683 517. 2. KUNJACHAN, S/O. JOSEPH, AGED 50 YEARS, BAVELI HOUSE, CHIRAKKAKOM KARA, VARAPUZHA VILLAGE, PIN - 683 517. BY ADV. SRI.V.S.CHANDRASEKHARAN SMT.PRIYA DEVI.P SMT.SADHANA KUMARI EASWARI SMT.LEKSHMI SWAMINATHAN SMT.BEATRICE FERIA RESPONDENTS: --------------------- THE PUNJAB NATIONAL BANK LTD., HAVING ITS REGISTERED OFFICE AT K.P.KESAVA MENON ROAD, KOZHIKODE. BRANCH NORTH PARAVOOR, THE PUNJAB NATIONAL BANK, (SUBSTITUTED AS PER ORDER IN IA 478/03 DATED 10-02-2003). BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 11884 OF 2008 = = = = = = = = = = = = = = = Dated this the 8th day of April, 2008. J U D G M E N T This writ petition is preferred against the order of the Subordinate Judge, Paravur in E.A.909/04 in E.P.343/03 in O.S.333/99. The said application was dismissed on account of non representation. The execution petition is one for sale of the property in a mortgage decree. In the light of the decision of this Court reported in Dhanalakshmi Bank Ltd. Divakaran (2002 (2) KLT 231) the executing Court is not competent to sell a less extent of property when the original decree does not provide for. Therefore the said contention cannot be accepted. 2. So far as the value of the property is concerned the value suggested by the judgment debtor also can be shown in the proclamation. Therefore I direct the writ petitioner herein to show his estimate of the property by virtue of a statement before the Court below and the Court W.P.C 11884 OF 2008 -:2:- below shall direct the decree holder to incorporate that value also in the sale proclamation and then proceed with the sale in accordance with law. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-