IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 FAO.No. 208 of 2004() --------------------- AGAINST THE ORDER DATED 16/06/2004 IN EA 255/04 IN EP 186/02 IN OS.103/1998 of SUB COURT, MUVATTUPUZHA .................... APPELLANT -------------------------- SUKUMARAN, S/O. NARAYANAN, ERAMBARATHU HOUSE, VADASSERY KARA, KOTTAPPADY VILLAGE. BY ADV. SRI.DINESH R.SHENOY RESPONDENTS: ------------- KURIAKOSE S/O.POULOSE, CHUNDATTU HOUSE, ELAMBRA KARA, ERAMALLUR VILLAGE. BY ADV. SRI.S.K.AJAYAKUMAR THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 16/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.RAMAN & V.K.MOHANAN, JJ. --------------------------------- F.A.O.No.208 of 2004 ------------------------------------ Dated this the 16th day of January, 2008 JUDGMENT Raman, J. This is an appeal against the order dated 16/06/2004 in E.A.No.255/2004 in E.P.No.186/2002 in O.S.No.103/1998 on the file of Sub Court, Muvattupuzha. The matter arises under execution of a money decree passed in favour of the decree holder. The property belonging to the judgment debtor of an extent of 54 cents is proposed to be sold. Earlier in E.A.No.346/03 the court below ordered to sell 1/3 portion of the property. Subsequently the judgment debtor sought to review that order by filing the present application. The court below allowed the review petition and ordered to sell the entire property. Aggrieved thereby the judgment debtor has preferred this appeal. 2. We have heard both sides. Whether the entire property is required to be sold or not will depend upon the value of the property. True that the court below has found from Ext.A1 that landed property is not as worth as claimed by the judgment debtor in this area. But there is no finding as to what exactly will FAO.No.208/04 2 be the approximate value of the property. However if the decree debt could not be fully satisfied by selling 1/3 portion of the property at the first instance, the court below could have proceeded to sale the rest of the property also on an application moved by the decree holder. In the circumstances to put the entire property for sale even at the first instance is not found to be correct or proper especially in the absence of any finding regarding the approximate value of the property. After hearing both sides we set aside the order impugned in this appeal and direct the court below to proceed to sell 1/3 portion of the property and in case the decree debt could not be satisfied, it is open to the court below to proceed to sell the remaining portion of the property as well. The attachment over the entire property will continue till the execution proceedings is satisfied. Appeal is disposed of as above. (P.R.RAMAN, JUDGE) (V.K.MOHANAN, JUDGE) sv.