Mohanan vs Prakasan
2021 Latest Caselaw 1112 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

            THE HONOURABLE MR. JUSTICE SATHISH NINAN

   TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

                         OP(C).No.1124 OF 2020

AGAINST THE ORDER DATED 18.02.2020 IN E.P. NO.22/2019 IN OS NO.
               6/2017 OF SUB COURT,NEYYATTINKARA

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PETITIONER/JUDGMENT DEBTOR:

             MOHANAN
             AGED 49 YEARS
             S/O.VELU, CHINNAVILA COLONY VEEDU,
             KOTTUKAL DESOM, KOTTUKAL VILLAGE,
             NEYYATTINKARA TALUK, NEYYATTINKARA.P.O.,
             THIRUVANANTHAPURAM DISTRICT-695121.

             BY ADV. SRI.M.ABDUL RASHEED

RESPONDENT/DECREE HOLDER:

             PRAKASAN
             AGED 51 YEARS
             S/O.ACHUTHAN NAIR, LEKSHMI NIVAS, MULLOOR DESOM,
             VIZHINJAM VILLAGE, NEYYATTINKARA TALUK,
             NEYYATTINKARA.P.O., THIRUVANANTHAPURAM-695121.

             R1   BY   ADV.   SRI.BIJU BALAKRISHNAN
             R1   BY   ADV.   SMT.SHARON SOLOMON
             R1   BY   ADV.   SMT.SAYUJYA
             R1   BY   ADV.   SMT.V.S.RAKHEE

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                    Sathish Ninan, J.
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                 O.P(C) No.1124 of 2020
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        Dated this the 12th day of January, 2021

                               JUDGMENT

In execution of a decree for money, immovable

property of the judgment debtor is brought for sale.

In this original petition the judgment debtor

challenges the order fixing the upset price and

settling the proclamation. The petitioner seeks for

instalment facility to wipe off the decree debt.

2. A perusal of the order impugned shows that the

upset price was fixed based on the valuation

certificate made available by the decree holder.

There is no material to find that the valuation fixed

is not proper.

3. As regards the prayer for instalments, this

Court on 23.10.2020 recorded the undertaking of the

petitioner - judgment debtor to pay an amount of Rs. 5

lakhs on or before 23.11.2020. Even as of now, even

the said amount has not been paid. In view thereof, I O.P(C) No.1124/2020

-: 2 :-

do not think that any purpose would be served by

granting instalment facility. The relief sought for is

not liable to be granted.

Original petition fails and is accordingly

dismissed.

Sd/- Sathish Ninan, Judge vdv APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE E.P.NO.22/2019 DATED NIL ON THE FILE OF COURT OF SUB JUDGE, NEYYATTINKARA.

EXHIBIT P2 TRUE COPY OF THE OBJECTION DATED 4.10.2019 IN E.P.NO.22/2019 IN O.S.NO.6/2017 ON THE FILE OF COURT OF SUB JUDGE, NEYYATTINKARA.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 18.2.2020 IN E.P.NO.22/2019 IN O.S.NO.6/2017 OF THE COURT OF SUB JUDGE, NEYYATTINKARA.

RESPONDENT'S/S EXHIBITS:

EXHIBIT R1(A) TRUE COPY OF THE JUDGMENT 29.06.2018 IN O.P.(C) NO.1502/2018 OF THIS HON'BLE COURT.

EXHIBIT R1(B) TRUE COPY OF THE JUDGMENT DT. 25.01.2019 IN O.S.NO.6/2017 OF THE SUB COURT, NEYYATTINKARA.

EXHIBIT R1(C) TRUE COPY OF THE VALUATION CERTIFICATE DT.

21.01.2020 OF THE EXECUTIVE ENGINEER, PWD BUILDING DIVISION, THIRUVANANTHAPURAM.

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