IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 WP(C).No. 17076 of 2010(O) -------------------------- E.P.NO.240/2006 IN OS.561/1994 of ADDITIONAL SUB COURT, THALASSERY .................... PETITIONER(S): --------------- V.M.BABURAJ, S/O.LATE MADHAVAN, AGED 58 YEARS, RESIDING AT AYINIYAT HOUSE, ERANHOLI AMSOM DESOM, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENT(S): --------------- THE CATHOLIC SYRIAN BANK LTD., THALASSERY, REPRESENTED BY ITS BRANCH MANAGER AND PRINCIPAL OFFICER. BY ADV. SHRI B.S.KRISHAN, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.17076 of 2010 -------------------------------------- Dated this the 2nd day of June, 2010. JUDGMENT Petitioner is the judgment debtor in E.P.No.240 of 2006 in O.S.No.561 of 1994 of the court of learned Additional Sub Judge, Thalassery. Mortgaged property belonged to the petitioner is being brought up for sale on 05.06.2010. Petitioner's complaint is that Ext.P3, sale notice is invalid in that it does not give the correct extent, measurement, boundary or value of the property. According to the petitioner, property is worth Rs.50,000/- to Rs.75,000/- per cent and hence sale of 10-15 cents is sufficient to discharge the decree debt while the executing court has fixed reserve price as Rs.6,15,000/- which is illegal. Learned counsel requested that if three months' time is given to the petitioner, he would discharge the entire liability. 2. As per sale the proclamation amount due to the respondent is Rs.6,11,212/- and reserve price is fixed as Rs.6,15,000/-. Proclamation schedule contains details of the property including boundary and extent. Therefore contention to the contra cannot be sustained. Petitioner has not taken steps to assess value of the property independently. Hence that contention also cannot be sustained. However, I am inclined to give petitioner three months' time to discharge the entire liability due under the decree. Resultantly, the Writ Petition is disposed of in the following lines: WP(C) No.17076/2010 2 i. Petitioner is granted time till 02.09.2010 to discharge the entire liability due under the decree. Petitioner shall deposit the said amount in the executing court, if necessary in installments within the said period. ii. Sale of property scheduled to be held on 05.06.2010 will stand adjourned to a day after 02.09.2010 on condition that petitioner filed affidavit in the executing court on or before 05.06.2010 waiving fresh proclamation for such sale. In case entire liability is not discharged within aforesaid period or affidavit is not filed within time it will be open to the respondent to proceed with sale of property as per Ext.P3, sale notice. THOMAS P.JOSEPH, Judge. cks