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2002 Supreme(Ker) 581

K.A.MOHAMMED SHAFI
Federal Bank Ltd. – Appellant
Versus
K. Sreedharan – Respondent


Advocates:
N. P. Samuel and V. R. Rejithkumar, for Petitioner; C. V. Vasudevan, for Respondents.

Judgement

ORDER :- This C.R.P. is preferred by the decree holder/plaintiff challenging the order in E.A. 28 of 2001 in E.P. 1/99 O.S. 10/1988 dated 18-7-2001 of the Sub-Court, Kottarakkara. That application was filed by the revision petitioner to reduce the reserve price fixed for the sale of property to Rs. 82,489/-.

2. The execution Court dismissed that application. The revision petitioner Bank obtained a decree for realisation of money against the respondents. They filed E.P. 74/92 stating that the amount due under the decree is Rs. 1,54,174.72. The revision petitioner filed E.A. 28 of 2001 for fixing the reserve price for the property. Accordingly the lower Court fixed reserve price at Rs. 1,60,000/-.

3. The respondent/judgment debtor filed C.R.P. 2390 of 1995 before this Court, when the property was put up for sale. This Court directed the execution Court to refix the reserve price considering the circumstances of the case and to sell the property before 31-3-1996. Accordingly, the revision petitioner filed a statement to the effect that the balance decree amount due was Rs. 2,69,618.55 and that amount was accepted as the reserve price.

4. The decree holder/revision petitioner als



















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