Madras High Court
P.Sathiya ...Revision vs S.Rajkumar on 13 February, 2025
Author: R.Vijayakumar
Bench: R.Vijayakumar
C.R.P.(NPD)(MD)No.1082 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.02.2025
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
C.R.P.(NPD)(MD)No.1082 of 2024
and
C.M.P(MD)No.6005 of 2024
P.Sathiya ...Revision Petitioner/Respondent/Defendant
Vs.
S.Rajkumar ...Respondent/Petitioner/Plaintiff
PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of
India, to call for the records pertaining to the impugned order of proclamation
of sale made in E.P.No.30 of 2022 in O.S.No.89 of 2019 on the file of the Sub
Court, Periyakulam, Theni District, dated 08.03.2024 and set aside the same by
allowing the above Civil Revision Petition.
For Petitioner : Mr.R.Shankar Ganesh
For Respondent : Mr.S.Sivaprakash
*****
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C.R.P.(NPD)(MD)No.1082 of 2024
ORDER
The judgment debtor in O.S.No.89 of 2019, on the file of the Sub Court,
Periyakulam, Theni District, is the revision petitioner herein.
2.A perusal of the records reveal that the respondent herein had filed the
above said suit for recovery of money and the decree came to be passed on
04.02.2022. On the strength of the decree, the plaintiff had filed E.P.No.30 of
2022 to realise the amount by attachment and auctioning three items of the
properties mentioned in the execution proceedings.
3.A perusal of the execution proceedings reveal that the said petition had
been filed to recover a sum of Rs.9,22,740/-. It further reveals that value of the
first property is assessed as Rs.3,00,000/-, the second property is assessed as
Rs.2,00,000/- and the third property is assessed as Rs.4,00,000/-.
4.The Court has assessed the value of the property at Rs.1,00,000/- for
each one of the properties. The sale notice was issued to the judgment debtor on
30.01.2024 and the judgment debtor was served on 29.02.2024. However, the
respondent has not chosen to file his objection to the sale notice. Therefore, sale
proclamation was finalised on 08.03.2024 and the auction notice was issued on
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C.R.P.(NPD)(MD)No.1082 of 2024
30.01.2024. Thereafter, the sale proclamation was issued, fixing the auction
date on 22.04.2024. Challenging the auction sale notice, the present revision
petition has been filed.
5.According to the learned Counsel appearing for the revision petitioner,
the value of all the three properties put together are more than
Rs.30,00,000/-. Without fixing the proper upset price, the properties have been
brought to auction. He further contended that E.P. amount is just Rs.9,22,000/-.
Therefore, it is not necessary to bring all the three properties for auction.
According to him, the auction sale would only be an excessive execution.
Hence, he prayed for allowing the revision petition.
6.Per contra, the learned Counsel appearing for the respondent/decree
holder had contended that despite notice was served upon the judgment debtor,
he has not chosen to file any application or objections touching upon the
valuation of the property. Therefore, he cannot raise the objection now,
contending that the properties are valued at Rs.30,00,000/-.
7.I have considered the submissions made on either side and perused the
materials available on record.
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C.R.P.(NPD)(MD)No.1082 of 2024
8.A perusal of "B" diary extract reveals that the notice was issued to the
judgment debtor on 30.01.2024, for settling the terms of proclamation of sale.
However, the respondent had not filed any objection to the said sale notice,
when the execution proceedings came up for hearing on 29.02.2024 or on
08.03.2024. Therefore, the sale proclamation was finalised on 08.03.2024 and
thereafter, auction notice was issued. In such circumstances, the judgment
debtor cannot now contend that the value of the properties are more than
Rs.30,00,000/- and therefore, the sale proclamation has to be quashed.
9.In view of the above said deliberations, there are no merits in the
revision petition. Accordingly, this Civil Revision Petition stands dismissed. No
costs. Consequently, connected miscellaneous petition is also closed.
13.02.2025
Internet:Yes/No
Index:Yes/No
RJR
https://www.mhc.tn.gov.in/judis
C.R.P.(NPD)(MD)No.1082 of 2024
To
The Sub Court, Periyakulam, Theni District.
Copy to:-
The Section Officer,
VR Section,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
C.R.P.(NPD)(MD)No.1082 of 2024
R.VIJAYAKUMAR, J.
RJR
C.R.P.(NPD)(MD)No.1082 of 2024
13.02.2025
https://www.mhc.tn.gov.in/judis
