IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 WP(C).No. 28607 of 2009(O) ---------------------------------------- EP. 12/2009 IN OS.176/2007 of MUNSIFF COURT, PAYYANNUR .................... PETITIONER(S): ----------------------- P.P. SEKHARAN, S/O.KARTHIYAYINI AMMA NEAR THAVURIYATTE TEMPLE, RAMANTHALI PO, PAYYANNUR, KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): -------------------------- CATHOLIC SYRIAN BANK LTD. PERUMBA BRANCH, REP. BY ITS MANAGER AND PRINCIPAL OFFICER, PAYYANNUR. BY ADV. SRI.C.A.JOY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 28607/2009-O APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE EXECUTION PETITION DATED 15/12/2008. EXT.P2: COPY OF THE ORDER OF ATTACHMENT IN E.P.12/2009 IN O.S.176/2007 OF MUNSIFF COURT, PAYYANNUR. EXT.P3: COPY OF THE ORDER OF MUNSIFF COURT PAYYANNUR DATED 07/08/2009. EXT.P4: COPY OF THE SALE PROCLAMATION. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. HARUN-UL-RASHID,JJ. ------------------------------- W.P.(C).NO.28607 OF 2009 ------------------------------- DATED THIS THE DAY 22ND OF SEPTEMBER, 2010 JUDGMENT Exhibits P3 and P4 orders passed by the execution court are under challenge. Writ Petitioner is the judgment debtor in in O.S.No.176/07 on the file of the Munsiff's Court, Payyannur. The decree holder filed an execution petition for realization of Rs.73,750/-. In the E.P. the respondent filed a draft sale paper. The value is shown as Rs.30,000/- per cent. Petitioner filed an objection pointing out that the property will fetch at least an amount of Rs.1 lakh per cent. 2. Learned Munsiff by Ext.P3 order considered the contention of the petitioner. The court below observed that though the respondent has filed the counter contending that the upset price shown is not correct, no steps are taken by him to show that the value as shown in the draft sale proclamation is not proper. The court below approved the draft sale proclamation and fixed the -2- WP(C).No.28607/2009 upset price as Rs.30,000/-. In the absence of any evidence on the part of the judgment debtor, the learned Munsiff held that there is no merit in the contention that the centage value of the property is more than Rs.1 lakh. The court below also ordered to proclaim and sell the property. Ext.P4 is the copy of the proclamation of sale. In the circumstances, I do not find any reason to interfere with Ext.P3 order and consequent proclamation of sale, Ext.P4. No valid grounds are made out by the petitioner for interference in the writ petition filed under Article 227 of the Constitution of India. The sale proclamation is drawn up on 12/10/09. In view of the long gap, I direct the decree holder to move the execution court for publication of notice of sale in newspaper. Writ Petition is dismissed. HARUN-UL-RASHID, Judge. kcv.