IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 WP(C).No. 9971 of 2008(K) ------------------------- OS.919/1994 of PRINCIPAL SUB COURT,ERNAKULAM .................... PETITIONERS: 1. M/S. LOTUS CONSTRUCTIONS, NO. 38 4TH FLOOR, GCDA COMMERCIAL COMPLEX, MARINE DRIVE ERNAKULAM, COCHIN 682 031 REPRESENTED BY T.P. MURALEEDHARAN. 2. SRI.T.P. MURALEEDHARAN, AGED ABOUT 55 YEARS, S/O. LATE M.NARAYANA MENON NO. 31/224 A, PUSHPANJALI, VYTTILA, COCHIN 682 019. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.BENNY P.THOMAS SRI.ANIL D. NAIR RESPONDENTS: 1. VIJAYA HOME LOANS LTD, FORMERLY FAIR GROWTH LTD, HAVING ITS REGISTERED OFFICE AT C.V.S. COMPLEX, 2ND FLOOR, 329, 10A MAIL, 3rd BLOCK,J.NAGAR, BANGALORE 560 011. 2. SRI IBRAHIMKUTTY,AGED ABOUT 45 YEARS, S/O. LATE JANAM P.C. MAHAMOOD, MAKHARAYIL HOUSE OLD ST.AUGUSTINS ROAD PULLAPPADY, COCHIN 682035. WP(C).No. 9971 /2008 3. MRS. USHA PILLAI, AGE NOT KNOWN, D/O.LATE P.M.PILLAI, NO. 5 HIG PANAMPILLY NAGAR COCHIN 682 036 4. SRI. P.K.BASHEER, AGED NOT KNOWN, S/O. K.C.PAREEKUTTY, KALAPPATH HOUSE EDAPPALLY, COCHIN 682 024 5. SRI. C.M. ZUBAIR, AGE NOT KNOWN, S/O. SRI MARIKKAR,KOCHUPARAMBI HOUSE, EDAPPALLY, COCHIN 682 024 6. SRI. M.JOSEPH PUTHUSSERY, AGE NOT KNOWN, S/O. ITTIYAVARA, PUTHUSSERY HOUSE, EDAPPALLY, COCHIN 682 024 BY ADV. SRI.S.R.DAYANANDA PRABHU - R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2008, ALONG WITH WPC NO. 9718 OF 2008, WPC NO.9795 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ........................................... WP(C).No. 9971 OF 2008 ............................................ DATED THIS THE 30th DAY OF JUNE, 2008 JUDGMENT This petition is filed by the judgment debtor, challenging Ext.P4 order in Ext.P2 execution petition for a fresh proclamation. 2. Learned counsel appearing for petitioner and first respondent were heard. 3. As rightly pointed by learned counsel appearing for petitioner, as provided under Sub-rule (2) of Rule 69 of Order XXI of Code of Civil Procedure, when a sale is adjourned beyond a period of thirty days, a fresh proclamation as provided under Rule 67 of Order XXI of the Code is mandatory. The sale directed by the executing court was beyond the period of 30 days from the original date proclaimed for sale. There was no waiver as provided under sub-rule 1 of Rule 69 of the Code. In such circumstances, executing court is bound to direct fresh proclamation as provided under the said rule. Writ petition is disposed, directing executing court to proclaim afresh as provided under Rule 69(2) of Order XXI of Code of Civil procedure. Learned Sub Judge has to direct fresh WP(C) 9971/2008 2 proclamation as provided under Rule 67 of Order XXI of Code of Civil procedure. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE lgk/-