IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 WP(C).No. 26008 of 2009(O) -------------------------- AGAINST THE ORDER DATED 17/08/2009 IN EP 233/2007 IN OS.1119/2005 of II ADDL.SUB COURT,THRISSUR .................... PETITIONERS: --------------- 1. K.V.LAZAR, KURUTHUKULANGARA, PARALAM VILLAGE, AMMADAM DESOM, THRISSUR TALUK. 2. OMANA LAZAR @ ALPHONSA, W/O.K.V.LAZAR, KURUTHUKULANGARA, PARALAM VILLAGE, AMMADAM DESOM, THRISSUR TALUK. BY ADV. MR.K.S.RAJESH MR.M.SHAJU PURUSHOTHAMAN RESPONDENT: --------------- NEW MILLENNIUM KURIES PVT,.LTD THRISSUR VILLAGE AND DESOM, THRISSUR TALUK THRISSUR PO. ADV. MR.P.SANTHOSH (PODUVAL) FOR R1 MS.R.RAJITHA FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON 07/12/2009 DELIVERED THE FOLLOWING: WP(C).No. 26008 of 2009(O) APPENDIX PETITIONERS' EXHIBITS: EXT.P1: OBJECTION DATED 28.11.2007 FILED BY THE PETITIONERS. EXT.P2: AUCTION NOTICE DTD. 19.8.2009 PASSED BY THE SUB COURT, THRISSUR. EXT.P3: ORDER DATED 17.8.2009 ISSUED BY THE SUB COURT, THRISSUR. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // P.A. TO JUDGE. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.26008 of 2009 - O --------------------------------- Dated this the 7th day of December, 2009 J U D G M E N T Petitioner is the judgment debtor in E.P.No.233 of 2007 in O.S.No.1119 of 2005 on the file of the 2nd Additional Sub Court, Thrissur. Decree executed was passed in a suit for money and the respondent is the decree holder. Immovable property belonging to the petitioner/judgment debtor having an extent of 7 cents comprising a building after attachment is proceeded for sale complying with the formalities. Order passed by the execution court proclaiming its sale is challenged in the writ petition. 2. I heard the counsel on both sides. 3. Proclamation settled for sale of the property belonging to the petitioner/judgment debtor to satisfy the decree debt is challenged in the writ petition setting forth a case that the value of the property shown as upset price in the proclamation does not reflect the market value of the property. Petitioner in his objection to the draft proclamation had raised a contention that W.P.(C).No.26008 of 2009 - O 2 the property is worth Rs.10 lakhs and without having any enquiry thereof, the court below arbitrarily fixed the upset price in the proclamation, is the grievance canvassed. Other than raising an objection that the property is worth Rs.10 lakhs, it is seen, the petitioner has not tendered any material to substantiate his objection. No sustainable grounds has been made out to impeach the proclamation settled by the court. Writ petition lacks merit, and it is dismissed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-