IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 WP(C).No. 2612 of 2008(J) -------------------------------------- PETITIONER: --------------------- K.P.JAMAL, AGED 50 YRS, S/O.PAREED, KOZHINJAMPARAMBIL, KANJIRAMCHIRA, ALAPPUZHA. BY ADV. SRI.A.T.ANILKUMAR RESPONDENTS: ------------------------ 1. THE KERALA FINANCIAL CORPORATION, THIRUVANANTHAPURAM. 2. SUBAIDA BEEVI, VADIKATTUPURAYIDOM, SOUTH ARYAD MURI, ALAPPUZHA. 3. K.P.HABEEB, KOZHINJAMPARAMBIL, KANJIRAMCHIRA, ALAPPUZHA. 4. K.P.TAJUDEEN, KOZHINJAMPARAMBIL, KANJIRAMCHIRA, ALAPPUZHA. BY SRI. V.B.UNNIRAJ, SC, KFC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 2612 OF 2008 --------------------- Dated this the 22nd day of January, 2008 JUDGMENT This writ petition is filed seeking to set aside Ext.P5 order. This is a classical case which will demonstrate how the decree holder/1st respondent herein has to run from pillar to post to realise the decree debt, which runs into crores. At last, now a stage has reached where the property is to be put in auction for realisation of the debt. The court below got the valuation report from the decree holder as well as from the judgment debtors. According to the judgment debtors, the value of the property comes to Rs.1,14,50,000/- whereas for the decree holder it comes to Rs.64,96,000/-. According to the court below the total debt is more than Rs.1,57,67,641/-. So naturally the court found that the entire properties are to be sold for realisation of the debt. As per proviso to Order XXI Rule 66, as amended, the court is not under an obligation to fix the upset price and it can show the price shown by the judgment debtor as well as the decree holder. WPC NO 2612/08 2 Therefore, I direct the court below that in case if there is item wise valuation for the properties submitted by the valuer, the price suggested by the judgment debtors shall be the beginning point of auction and in case if it does not materialise, the decree holder may apply to the court thereafter, to reduce the value and conduct fresh auction. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps WPC NO 2612/08 3