IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No.32934 of 2008 ------------------------------ AGAINST THE ORDER IN EA.119/2008 IN EP.124/06 IN OS.120/2004 of SUB COURT, PAYYANNUR .................... PETITIONER: DEFENDANT ------------------------------ AJAYAKUMAR P.G., AGED 40, S/O.PONNAMMA, VYAKKARA AMSOM AND NARAMB DESOM. BY ADV. SRI.K.S.MADHUSOODANAN SRI.THUSHAR NIRMAL SARATHY SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENTS: PLAINTIFFS --------------------------------- 1. ANNAMMA KURIAKOSE, W/O.KURIAKOSE, MANHAKKAD, THIRUMENI AMSOM, NARAMB DESOM, THALIPARAMBA TALUK. 2. G.C.KURIAKOSE, S/O.KURIAKOSE, -DO- 3. G.G.KURIAKOSE (MINOR), D/O.KURIAKOSE, -DO- 4. GINTO KURIAKOSE (MINOR), S/O.KURIAKOSE, -DO- 5. GINU KURIAKOSE (MINOR), S/O.KURIAKOSE, -DO- 6. ELDO KURIAKOSE (MINOR), S/O.KURIAKOSE, -DO- REP. BY ITS RESPONDENT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.32934 of 2008 ------------------------------------------------ Dated this the 10th day of November, 2008 JUDGMENT Heard the counsel for the petitioner. 2. The grievance of the petitioner is that the upset price shown by the decree holder in the proclamation schedule is only Rs.3 lakhs whereas the property is actually worth Rs.20 lakhs and that to ascertain the exact value, application filed before the execution court to issue a commission was disallowed by Ext.P3 order. The execution court, however, passed the impugned order observing that the upset price was fixed accepting valuation certificate issued by a licensed Civil Engineer and that without setting aside that valuation statement a new commission for the same purpose cannot be appointed. The counsel for the petitioner contends that the certificate is one procured W. P. C. No.32934 of 2008 -2- from a licensed Civil Engineer by the decree holder himself and that the Engineer was not being appointed as a Commissioner by the court. The question is not as to whether when the report of the licensed Civil Engineer is there valuing the property another commission is to be issued. The real question is as to whether when immovable property is put to sale it requires to be valued by a Commissioner to fix the upset price. Even in the event of a Commissioner being issued the report submitted by him is likely to be assailed either by the decree holder or by the judgment debtor if not by both and the court will not be able to arrive at the real value the property may fetch. Even if a higher amount is fixed as an upset price it is not necessary that an intending purchaser will be there to offer so much price for the property especially in court sale. Even in the event of the upset W. P. C. No.32934 of 2008 -3- price being shown at a lesser amount, the judgment debtors can procure bidders to purchase the property at a reasonably high price if they are interested to see that the property fetches reasonable value in court sale. However, the purpose of issuing a commission and getting down a report valuing the property will be served if the property is proclaimed showing the price of the property as suggested by the judgment debtor as well. Hence, I dispose of this Writ Petition in limine directing the court below to cause proclamation being effected afresh showing the value of the property brought to sale at Rs.20 lakhs specifying that it is the value suggested by the judgment debtor. If such a proclamation is effected intending purchasers will get an idea as to the disparity in prices suggested by the decree holder and judgment debtor and will be able to make there own W. P. C. No.32934 of 2008 -4- enquiries and satisfy themselves as to the value at which they can bid in auction. The court below shall cause such a procedure to be adopted by giving appropriate direction to the decree holder. 3. This Writ Petition is disposed of with the above directions. K.P.BALACHANDRAN, JUDGE kns/-