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2014 Supreme(Ker) 408

K.HARILAL
M. D. Augusthy – Appellant
Versus
Catholic Syrian Bank Ltd. represented by its Branch Manager – Respondent


Advocates appeared:
For the Petitioner:B. Ramachandran, K. Blrekha, Nimisha Arun, Advocates.
For the Respondent:K. Anand (A.201), Latha Krishnan, Advocates.

Judgment :

1. The revision petitioner is the judgment debtor in E.P.No.217/05 in O.S.No.415/98 on the files of the Additional Sub Court, North Paravur. The above Execution Petition was filed in execution of a decree for realisation of an amount of Rs.1,27,152/-with interest @ 17.5% per annum from the date of the suit till realisation. The Execution Court proceeded with the execution proceedings. In the proclamation, upset price for the property is shown as Rs.5 lakhs, which is much below the amount shown as decree debt. The petitioner has filed an objection contending that the upset price fixed for sale is very low and inadequate with the actual value of the said property. But the court below rejected the contentions raised by the petitioner and proclaimed to sell on 12-3-2010 and to report on 15-3-2010. The legality and propriety of this order are under challenge in this Revision Petition.

2. The learned counsel for the revision petitioner submits that the court below failed to exercise jurisdiction vested in it. In spite of the specific objection that even a 'one cent' property would fetch at least Rs.40,000/-, the court below ordered to sell the property having an extent of 1.62




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