IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 WP(C).No. 23823 of 2009(O) -------------------------- OS.42/2006 of SUB COURT, VADAKARA .................... PETITIONER(S): --------------------- K.P.ASHOKAN, S/O.GOPALAN, AGED 40 YEARS, KUTHIRAPADIPARAMBATH HOUSE, CHOMPALA P.O., VATAKARA. BY ADV. MR.ZUBAIR PULIKKOOL RESPONDENT(S): ---------------------- THE MANAGER, CENTRAL BANK OF INDIA, CHOMPALA, VATAKARA. BY ADV. MR.DEVAN RAMACHANDRAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23823 of 2009(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE COUNTER STATEMENT FILED IN E.P. 29/08 EXT.P2 - TRUE COPY OF THE PUBLIC AUCTION PROCLAMATION OF ORDER OF SALE. // TRUE COPY // PA TO JUDGE rhs S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.23823 of 2009 - O --------------------------------- Dated this the 22nd day of October, 2009 J U D G M E N T Writ petition is filed seeking the following reliefs: “i) To set aside the sale order in Ext.P2 dated 24.08.2009 in e.P.No.29/2008 on the file of Sub Court, Vadakara.” ii) To declare the manner of sale is not in accordance with law.” 2. Petitioner is the judgment debtor in E.P.No.29 of 2008 in O.S.No.42 of 2006 on the file of the Sub Court, Vadakara. The decree executed is one for money passed in favour of the respondent, bank. In execution of the decree, property of the petitioner is being proceeded for sale. Challenge in the writ petition is against the proclamation settled by the court for sale of the property. 3. Notice given the respondent has entered appearance. I heard the counsel on both sides. 4. At the time of admitting the petition taking note of the grounds canvassed in the writ petition and also the submission made seeking discharge of the decree debt by W.P.(C).No.23823 of 2009 - O 2 installments petitioner was directed to pay sum of Rs.30,000/- towards decree debt due as a condition precedent for staying the execution proceedings. Deposit so ordered has not been complied with. Learned counsel for the petitioner submits that proclamation for sale of the property has been settled by the court without taking note of the objections canvassed. Entire property need not be sold and the value of the property suggested by the decree holder for its sale had been challenged by the judgment debtor, submits the counsel. Other than producing Ext.P2, a copy of the proclamation settled by the court for the sale of the property even the order passed by the court below on the objections raised by the petitioner has not been produced before this Court. When that be the case, there is no merit in canvassing the challenge raised in the present writ petition. Writ petition lacks merit, and it is dismissed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-