IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 WP(C).No. 33718 of 2008 L ------------------------------------------- OS.933/2001 of PRL.SUB COURT,THRISSUR .................... PETITIONERS: SURENDRAN, AGED 55, S/O. APPU CHITTILAPPALLY HOUSE, GURUVAYOOR DESOM, CHAVAKKAD TALUK, THRISSUR. BY ADV. SRI.M.ANIL KUMAR RESPONDENTS: 1. STATE OF KERALA, REP. BY GOVT PLEADER, HIGH COURT OF KERALA, ERNAKULAM. 2. M/S.KERALA DHANAVYVASAYA KURIES AND LOANS PVT.LTD, CHEMBUKAVU VILLAGE, SHORNUR ROAD THRISSUR REP. BY ITS CHAIRMAN P.C.JOSEPH, S/O.JOSEPH, CHAKRAMACKEL, CHENOTH HOUSE, ALUVA.P.O., CHAVAKKAD TALUK, THRISSUR. 3. C.R.PRASADAN, S/O.RAMAN, CHITTILAPPILLY HOUSE, AVANNUR DESOM & VILLAGE THRISSUR TALUK. 4. HARSHAN, S/O.NARAYANAN, PATHAZHAKATTIL HOUSE, WEST VEMBALLUR DESOM SREENARAYANAPURAM VILLAGE, KODUNGALLUR TALUK. 5. VASANTHY, D/O.VILASINY,DO. DO. 6. PREETHY, D/O.VILASINY, DO. DO. 7. SHINY, D/O.VILASINY, DO. DO. 8. SHAJU, D/O.VILASINY, DO. DO. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.33718 of 2008 L -------------------------- JUDGMENT The prayer in this writ petition is to quash all proceedings pursuant to Exhibit P1 execution petition filed by the second respondent/decree holder. According to the petitioner, the property that is brought to sale belonged to his father Appu @ Raman; that he died intestate on 6.8.2002 leaving behind the petitioner, his mother and five siblings; that though other legal heirs are impleaded in the execution petition, the petitioner is not impleaded; that consequently, he was unable to file any objection to Exhibit P1 execution petition and he was also not aware of the proceedings for sale of the property that is now brought to sale for realisation of the amounts due under the decree and that therefore, by way of an interim relief all further proceedings pursuant to Exhibit P1 execution petition be stayed. WPC 33718/08 2 2. It is worthy to note that the contention of the petitioner is only that the property belonged to deceased Appu @ Raman; that all his legal heirs, namely, wife and five children are impleaded in the execution petition, but he is not impleaded in his capacity as one of the sons of deceased Appu @ Raman; that for realisation of the decree debt, the property belonging to all the legal heirs of deceased Appu @ Raman is being put up for sale and that even an opportunity to file objection was not given to him. From the contentions advanced, it is clear that all other legal heirs of deceased Appu @ Raman, who was the judgment debtor, are already impleaded as additional judgment debtors. The property that is being proceeded with for realisation of the decree debt is the property that belonged to deceased Appu @ Raman, which has devolved on his legal heirs. Even in case the petitioner is not impleaded, there is substantial representation for the estate and it is with all WPC 33718/08 3 the other heirs on the party array that the property has been proclaimed for sale. There is no prima facie evidence to show that the petitioner is the son of deceased Appu @ Raman. Without any record on evidence, the petitioner has come forward to have the sale proceedings stopped and to have all proceedings pursuant to Exhibit P1 execution petition quashed. The relief sought for cannot be granted as prayed for. If at all he is interested in saving the property, the petitioner is at liberty to deposit the amount and get the sale averted. The writ petition is dismissed. 17th November, 2008 (K.P.Balachandran, Judge) tkv