IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 WP(C).No. 14956 of 2008(E) -------------------------- AGAINST THE ORDER DATED / / IN EP.421/04 IN OS.105/2002 of II ADDL.M.C.,NEYYATTINKARA .................... PETITIONER: ------------ RAJASEKHARAN NAIR, S/O.VELAYUDHAN PILLAI,SUMATHI BHAVAN, OLATHANNI, KADAVATTARAM DESOM,NEYYATTINKARA. BY ADV. SRI.M.RAMESH CHANDER RESPONDENTS: ------------- SASIKUMARAN NAIR, S/O.NARAYANAN NAIR, VASANTHA NILAYAM, THETHIYOOR DESOM, PERUMKADAVILA VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.14956 of 2008 ------------------------------- Dated this the 21st May, 2008. J U D G M E N T This petition is filed under Article 227 of the Constitution of India challenging Ext.P5 order passed by the II Additional Munsiff, Neyyattinkara, in E.P.No.421/2004 in O.S.No.105/2002, fixing the upset price at Rs.50,000/= as against Rs.60,000/= fixed originally and quashed by this Court, as per judgment, dated 20.9.2007, in W.P.(C) No.27810/2007. The case of the petitioner is that the upset price should have been fixed for more than Rs.1,50,000/=, and the Executing Court did not consider the matter, as directed in Ext.P4 judgment. On going through Ext.P4 judgment, I find that the Executing Court has fixed the upset price as directed by this Court. I find no illegality, irregularity or any other defect, warranting interference in exercise of the extra ordinary powers of this Court under Article 227 of the Constitution of India. Accordingly, this petition is dismissed. M.SASIDHARAN NAMBIAR, J. JUDGE nj.