IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 WP(C).No. 21445 of 2008(C) -------------------------- OS.78/1981 of SUB COURT,KOTTARAKKARA .................... PETITIONERS: ------------ 1. THYAGARAJAN, NIRAPPIL PUTHEN VEEDU NETHAJI JUNCTION URUKUNNU P.O., THENMALA, KOLLAM DISTRICT. 2. R.JAYASREE, W/O.P.THYAGARAJAN NIRAPPIL PUTHEN VEEDU NETHAJI JUNCTION URUKUNNU P.O., THENMALA, KOLLAM DISTRICT. BY ADV. SRI.MANOJ RAMASWAMY RESPONDENTS: ------------- THE FEDERAL BANK LTD., ALUVA, REPRESENTED BY ITS BRANCH MANAGER EDAMON BRANCH, KOLLAM DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.21445 of 2008 ------------------------------- Dated this the 16th July, 2008. J U D G M E N T This petition is filed under Article 227 of the Constitution of India challenging Ext.P3 order passed by the Executing Court in E.A.No.103 of 2008. Petitioners are the judgment debtors. The grievance of petitioners is that there is a building in the property which is directed to be sold, and the building is worth more than Rs.20 lakhs and the upset price shown is only Rupees One Lakh, and, therefore, petitioners filed E.A.No.103 of 2008, which was wrongly dismissed by learned Sub Judge under Ext.P3 order. 2. On hearing the learned counsel appearing for the petitioners, I do not find any illegality or irregularity in Ext.P3 order. Under proviso to sub-rule (2) of Rule 66 of Order XXI of Code of Civil Procedure, Executing Court is not to enter its on estimate of value of the property in the sale proclamation or fix the upset price. On the other hand, executing court need only direct the decree holder to show the value claimed by the judgment debtor also in the sale W.P.(C) No.21445/2008 2 proclamation. Paragraph 6 of Ext.P3 order specifically show that executing court has directed the decree holder to show the value of property suggested by the judgment debtors in their objection, in the proclamation for sale. If the case of petitioners is that sale proclamation does not show the value as directed by the court, petitioners are at liberty to point the defect to the executing court and executing court shall pass appropriate orders. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE nj.