IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 WP(C).No. 12681 of 2008(I) -------------------------- AGAINST THE ORDER DATED 06/10/2007 IN EP 30 2004 IN OS.168/2002 of SUB COURT,KOTTARAKKARA .................... PETITIONER: ------------ ASHOK RAMACHANDRAN, PROPRIETOR, PARASYAVEEDHI ADVERTISING & MARKETING CONSULTANT, KOLLAM. BY ADV. SRI.V.BHASKARAN PILLAI RESPONDENT: ------------- K.RADHAMOHAN, KAILAS, EZHUKONE P.O., KOLLAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 12681 OF 2008 --------------------- Dated this the 10th day of April, 2008 JUDGMENT This writ petition is filed with a prayer to direct the court below to allow the petitioner to adjust the amount due to him as per Ext.P4 from the amount to be deposited in court towards the balance due after satisfying the decree amount in OS 168/02 and for an order postponing the passing of an order for confirmation of sale. 2. The present writ petitioner has obtained two decrees against the same person, i.e. OS 168/02 and OS 86/02. The property was put into auction in OS 168/02 and the amount of sale was more than the debt due under the decree. Now the prayer of the writ petitioner is to adjust the excess amount towards the decree debt in OS 86/02 and if it is done, he will not be liable for depositing any further amount. 3. I am afraid that such a direction cannot be given. Order XXI Rule 72(2) stipulates a situation that when a property is sold in auction and it is purchased by the decree holder, he is entitled to adjust the amount due to him under the said decree and it is that set WPC NO 12681/08 2 off which is allowed. Order XXI Rule 72(2) does not contemplate a situation of any other debt to be adjusted in a case of sale. Order XXI Rule 85 mandates that the full amount has to be paid by the purchaser into the court before the court closes on the 15th day from the sale of the property with a proviso after adjusting the amount, which he is entitled to under Order XXI Rule 72. Therefore what is permissible is set off of the amount due under the decree for which the property has been auctioned. Neither Order XXI Rule 72 nor Order XXI Rule 85 envisages a situation of adjustment of any other amount in sale of the property bid in auction by the decree holder in a particular case. Therefore this prayer of the writ petitioner cannot be allowed. The writ petition lacks merit and it is dismissed. M.N.KRISHNAN, JUDGE vps WPC NO 12681/08 3 WPC NO 12681/08 4 WPC NO 12681/08 5