IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 CRP.No. 91 of 2008() ------------------------------- AGAINST THE ORDER IN EP.270/2007 IN E.P.NO.170/2006 IN OS.414/1997 of MUNSIFF COURT, NORTH PARAVUR .................... REVISION PETITIONER: PETITIONER/DECREE HOLDER: ---------------------------------------------------------------------------------- SHAJEEV, AGED 44 YEARS, S/O. GEORGE, ERALIL HOUSE, MURAVAN, THURUTH KARA, VADAKKEKKARA PAKUTHY. BY ADV. SMT.JEENA JOSEPH SRI.G.D.PANICKER RESPONDENT: DEFENDANT/JUDGMENT DEBTOR: ----------------------------------------------------------------------------- SALIMKUMAR, S/O. CHANDRAN, MANAPARAMBIL, NANTHYATTUKUNNAM MURI, PARAVUR TALUK, ERNAKULAM DISTRICT. BY THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = C.R.P. NO. 91 OF 2008 = = = = = = = = = = = = = = = Dated this the 1st day of February, 2008. O R D E R This revision petition is preferred against the order of the Munsiff, North Paravur in E.A.270/07 in E.P.170/06 in O.S.414/97. The petitioner is the decree holder. In execution of the decree, he has brought the property of the judgment debtor to auction and the right of the judgment debtor is only ½ right over the said property. The Court below held that for satisfaction of the decree debt a lesser extent can be sold and therefore directed the decree holder to amend he proclamation schedule. I am afraid, the learned Munsiff has gone wrong in giving such a direction for the reason that the property sought to be sold is the undivided share. One cannot fix the property which he is entitled to. The auction purchaser who ultimately succeeds is only entitled to half right and his remedy to get actual possession of the property is only by way of a partition suit. Therefore the direction given by the learned Munsiff is incorrect which requires interference. Therefore the order under challegne is CRP NO. 91 of 2008 -:2:- set aside and I direct the learned Munsiff to proceed with the sale with respect to half share of the judgment debtor and if the judgment debtor has shown any value for the property that also may be incorporated in the draft proclamation and the property to be sold in accordance with law. If it is already incorporated nothing new is necessary and the sale be conducted in accordance with law. The C.R.P. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-