IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 9TH AUGUST 2007 / 18TH SRAVANA 1929 WP(C).No. 23599 of 2004(H) ---------------------------------- ARC.79/2000 of SUB COURT, OTTAPPALAM .................... PETITIONER: ---------------- CHANDRAN, S/O. RAMANKUTTY, AGED 44 YEARS KOODANTHODI, KOTTAPPURAM, SREEKRISHNAPURAM (VIA) PALAKKAD DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT: ------------------ THE SECRETARY, SREEKRISHNAPURAM BLOCK BHAVANA NIRMANA SAHAKARANA SANGHAM LTD. NO.0814, SREEKRISHNAPURAM, PALAKKAD DISTRICT BY ADV. SRI.SANTHEEP ANKARATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/08/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23599/2004 APPENDIX PETITIONER'S EXHIBITS EXT.P1:- COPY OF THE EXECUTION PETITION ALONG WITH THE ORDER SHEET. /TRUE COPY/ P.A. TO JUDGE tss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.23599 OF 2004 ------------------------------------------- Dated this the 9th day of August, 2007 JUDGMENT In this writ petition filed invoking Article 227 of the Constitution of India, the petitioner, judgment debtor in an execution proceedings, challenge the action taken to put an item of property to sale. Though the plea of the petitioner is that the property is worth Rs.4,50,000/- and the decree debt is only Rs.1,27,487/-, there is no material placed by him before the court below or this Court to substantiate the said plea. The petitioner had been granted an order of stay by this Court on 10.8.2004 on conditions imposed. He has enjoyed that order for three years. Therefore, any grounds referable to the plea of the petitioner that there is inadequacy in price no more survive for consideration. There is also no material to hold that the impugned proceeding is vitiated. The writ petition fails and is, accordingly, dismissed. No costs. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.