Balakrishnan vs Vinayan
2023 Latest Caselaw 11714 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
 THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA,
                                    1945
                      OP(C) NO. 1985 OF 2023
IN O.S. NO.103/2014 OF ASSISTANT SESSIONS COURT/SUB COURT,
                               CHAVAKKAD


PETITIONER/JUDGMENT DEBTOR/DEFENDANT:

            BALAKRISHNAN
            AGED 62 YEARS, S/O CHENGALA KANDANKORAN,
            PERAKAM AMSOM, KARAYUR DESOM, CHAVAKKAD PO,
            CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN - 680506.

            BY ADVS.
            SHOBY K.FRANCIS
            AGI SHOBY
            SHIFANA M.


RESPONDENT/DECREE HOLDER/PLAINTIFF:

            VINAYAN
            AGED 48 YEARS, S/O PANAKKAL RAGHAVAN,
            PERAKAM AMSOM, KAVEED DESOM, CHAVAKKAD PO,
            CHAVAKKAD TALUK, THRISSUR DT, PIN - 680506.

            BY ADV P.RAMACHANDRAN




     THIS     OP   (CIVIL)    HAVING       COME   UP    FOR    ADMISSION   ON
16.11.2023,    THE    COURT    ON    THE     SAME      DAY    DELIVERED    THE
FOLLOWING:
 O.P.(C). No.1985 of 2023
                                ..2..




                         J U D G M E N T

Dated this the 16th day of November, 2023

Ext.P8 sale proclamation is under challenge on the

ground that the amount shown as due to the decree

holder is disregarding the instalments already

paid by the judgment debtor.

2. Learned counsel for the respondent submits

that whatever be the amount shown in the sale

proclamation, the same will avail only in respect

of the actual amount due to the decree holder. It

is also submitted that the amount shown in the

sale proclamation is not erroneous, in view of an

earlier order passed by this Court, vide Ext.P4

judgment.

O.P.(C). No.1985 of 2023 ..3..

Without entering into the merits of the

contention, this Court is inclined to dispose of

the instant original petition by clarifying that

the sale proceeds will avail only in respect of

the actual amount due to the decree holder from

the judgment debtor, after adjusting the payments

already made by the judgment debtor.

The original petition is disposed of as above.

Sd/-

C. JAYACHANDRAN JUDGE Skk//21.11.2023 O.P.(C). No.1985 of 2023 ..4..

APPENDIX OF OP(C) NO.1985/2023

PETITIONER'S EXHIBITS:-

EXHIBIT P-1 A TRUE COPY OF THE PLAINT IN OS NO.

103/2014 DATED 27-8-2014 ON THE FILE OF THE SUB-COURT, CHAVAKKAD EXHIBIT P-2 A TRUE COPY OF THE ORDER PASSED BY THE SUB-COURT, CHAVAKKAD IN EP NO. 40/2017 IN OS NO. 103/2014 DATED 12-1-2023 EXHIBIT P- 3 A TRUE COPY OF THE SALE PROCLAMATION DATED 27-1-2023 IN EP NO. 40/2017 IN OS NO. 103/2014 ON THE FILE OF THE SUB- COURT, CHAVAKKAD EXHIBIT P- 4 A TRUE COPY OF THE JUDGMENT IN OP CIVIL NO. 350/2023 DATED 16-3-2023 EXHIBIT P-5 A TRUE COPY OF THE RECEIPT DATED 7-3-

2023 ISSUED IN EP NO. 40/2017 IN OS NO. 103/2014 EXHIBIT P-6 A TRUE COPY OF THE E-COURT PROCEEDINGS DATED 1-8-2023 OF THE HON'BLE SUB COURT, CHAVAKKAD IN CASE NO. EP/0300040/2017 EXHIBIT P-7 . A TRUE COPY OF THE E-COURT PROCEEDINGS DATED 18-8-2023 OF THE HON'BLE SUB COURT, CHAVAKKAD IN EP/0300040/2017 EXHIBIT P-8 A TRUE COPY OF THE SALE PROCLAMATION DATED 5-9-2023 OF THE HON'BLE SUB COURT, CHAVAKKAD IN CASE NO. EP NO. 40/2017 IN OS NO. 103/2014