IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 WP(C).No. 4954 of 2008(M) ------------------------------------- OS.23/2005 OF MUNSIFF'S COURT, CHANGANACHERRY .................... PETITIONER: ------------------- ABDUL KHADER, PALLICKASSERI HOUSE THAZHATHUVADAKARA KARA, VELLAVOOR VILLAGE. BY ADV. SRI.M.P.MADHAVANKUTTY. RESPONDENT: ---------------------- ALIKUTTY, VELLAKKALLUNKAL HOUSE KULATHURPRAYAR KARA, VELLAVOOR VILLAGE. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 4954 OF 2008 = = = = = = = = = = = = = = = Dated this the 12th day of February, 2008. J U D G M E N T This writ petition is preferred against the order of the Munsiff, Changanacherry whereby he has dismissed an application for issuance of a Commission for fixing the valuation of the decree schedule property as well as a petition to review the order. The grievance of the writ petitioner is that the property which is sought to be stayed in execution of the decree is having an extent of 34 cents situated in a very important locality with eight rooms and other buildings and the valuation given by the Tahsildar at Rs.1,06,384/- is grossly inadequate and therefore for a proper appreciation a Commission has to be issued to value the property. The learned counsel had given me the copy of the execution petition for perusal and it appears to be only a money decree and not a mortgage decree. If it is so, only the extent that is available for realizing the decree debt need W.P.C 4954 OF 2008 -:2:- to be sold and for that purpose materials have to be furnished. Considering the large extent of the property involved with the improvements therein, there is some force in the contention raised by the writ petitioner. Therefore I direct the writ petitioner himself to suggest the area of the land with specifications which can be sold for the purpose of sale with a schedule and he can also split the remaining property into two other items and the Court can proceed to sell the property in lot-wise and if the amount is realized by selling the first plot the other can be dispensed with or if not sufficient, to be proceeded with. Therefore the proposed sale on 15.2.2008 is to be deferred and the writ petitioner to be permitted to submit a detailed objection incorporating the schedule of the property into three, for the purpose of sale and the Court can note the value suggested by the decree holder as well as the judgment debtor and put up those items separately for sale lot-wise and proceed in accordance with law. But it is a fact that amount is due to the decree holder and in order to enable the judgment debtor to proceed W.P.C 4954 OF 2008 -:3:- in the fashion stated above I direct him to pay a sum of Rs.25,000/- within a period of three weeks from today. When that amount is paid and the schedule is filed with the objections the Court may proceed further for sale of the property. If he does not pay Rs.25,000/- he is not entitled to the relief granted. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-