IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 OP(C).No. 1267 of 2010(O) ------------------------- PETITIONER: ------------------ USHA,W/O.SASIDHARAN,ERUMATHALA KARA, ALUVA EAST VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.K.S.RAJEEV (ALUVA) RESPONDENTS: --------------- 1. SHYAMDAKARAN,AGED 50,S/O.K.N.MADHAVAN, ISWARYA(H),JAYANTHI ROAD,ATTOR VILLAGE, PALAKKAD DISTRICT 680 592. 2. SASIDHARAN,AGED 51, S/O.MANIYEMKARABALAN,ERUMATHALA KARA,ALUVA EAST VILLAGE 683 105. 3. MANAGER INDIAN OVERSEAS BANK, ALUVA BRANCH 683 101. ADV. SRI.P.B.SURESH KUMAR, SC,I.O.BANK FOR R3 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.1267 of 2010 --------------------------------------- Dated this 22nd day of December, 2010 JUDGMENT Petitioner is the wife of judgment debtor in O.S.No.303 of 2003. Respondent No.1 has obtained a decree for realisation of money with charge over the property over which petitioner claims right, title and interest as per settlement deed dated 18-06-2003. According to the petitioner, that settlement deed was executed by respondent No.2, her husband even before attachment but the property was sold in auction on 06-12-2010. Petitioner has filed this petition to set aside Ext.P2, proclamation schedule. Learned counsel states that petitioner has valid contentions to be raised and that if the sale is confirmed, right of petitioner will be affected. If petitioner has got right as she claims over the property sold, her remedy is to approach executing court in the manner provided under law and seek appropriate reliefs. This court is not required to directly interfere under Article 227 of the Constitution and set aside Ext.P2, sale proclamation. Hence, without prejudice to the right if any of petitioner to seek appropriate relief in the executing court this petition is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-