IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 FAO.No. 71 of 2008() -------------------- AGAINST THE ORDER DATED 31/07/2007 IN EA.754/07 IN EP.82/05 IN OS.484/2002 of II ADDL.SUB COURT,THRISSUR .................... PETITIONERS/JUDGMENT DEBTORS: ------------------------------------------------- 1. SUHARA, W/O.MUHAMMED BASHEER, PUTHIYAVEETTIL KIZHAKKETHIL HOUSE, VATANAPPILLY VILLAGE AND DESOM, THRISSUR TALUK. 2. MUHAMMED BASHEER, -DO-, -DO-. BY ADV. SRI.DILIP J. AKKARA RESPONDENT: RESPONDENT/DECREE HOLDER; ---------------------------------------- THE FEDERAL BANK LTD., BRANCH BRANCH VATANAPPILLY, VATANAPPILLY, THRISSUR. ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 10/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = F.A.O. 71 OF 2008 = = = = = = = = = = = = = DATED THIS, THE 10TH DAY OF AUGUST, 2009. J U D G M E N T Raman, J. The appellants are the judgment debtors whose property has been sold in execution of the decree obtained for realisation of the amount due to a scheduled Bank. The property was purchased by the Bank itself since there was no other buyer. Contending that the property has been sold for an inadequate price, an application was filed to set aside the same. It is contended that the property is having an extent of 94 cents with a building thereon. But on the date on which the petition was posted, the petitioners were absent. Still the court below considered the matter on merits. As a matter of fact, objection was raised by the judgment debtors and proclamation was settled only after considering such objection. But even now, petitioners are not in a position to say as to the value that the property would fetch. 2. We have heard the learned counsel appearing on behalf of the appellants and the respondents and gone through the records. We find that the E.P. Amount comes to Rs. 7,44,000/-. Petitioners did not ask for any F.A.O. 71/2008 2 private sale. The Execution Petition was filed as early as in 2007 and two years have elapsed thereafter. Even now, the petitioners are not in a position to say as to whether they could get a buyer for a higher amount so as to impress upon this Court that the property has been sold at a lesser price. It is up to the petitioners to adduce evidence in support of their contention that the property will fetch a higher value than what has been settled as per the proclamation. No such evidence is adduced. In such circumstances, we find no merit in the contention. However, an opportunity is given to the appellants and in case the appellants deposits the entire amount within a period of six weeks from today, the impugned order will stand set aside and the appellants will be given an opportunity to adduce evidence in the I.A. In case of default, this appeal will stand dismissed. The appeal is disposed of as above. P.R. RAMAN, JUDGE P. BHAVADASAN, JUDGE. KNC/-