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2018 Supreme(Ker) 121

ALEXANDER THOMAS
C. M. Thambi, S/o. Chanthappan – Appellant
Versus
Sivan. C, S/o. Kelukutty – Respondent


Advocates Appeared:
For the Petitioner: Adv. Sri. R.K. Muraleedharan.
For the Respondent: Advs. Sri. R. Sudhish

JUDGMENT :

1. The main prayer in this Original Petition (Civil) filed under the enabling provisions contained in Article 227 of the Constitution of Indians as follows:

“Set aside Exts.P5 and P6 orders and Ext.P7 proclamation of sale of the property owned by the petitioner in RS No.33/1A3 in Elathur Amsom Desom of Kozhikode Taluk.”

2. Heard Sri. R.K. Muralidharan, learned counsel appearing for the petitioner/judgment debtor and Sri. R. Sudhish, learned counsel appearing for the respondent/decree holder.

3. The petitioner herein is the defendant in a suit for realisation of money, filed by the respondent. It is stated that the suit was decreed ex-parte and the petitioner came to know about the decree only after he received notice in the execution proceedings. Immediately thereafter he had filed Exhibit-P2 objection dated 8.3.2016 contending that the cent age value of the property scheduled in the Execution Petition is nearly Rs.2,50,000/- and that sale of 2 cents, out of the total extent of 17 cents, of that property would be more sufficient to meet the entire decree debt of Rs.3,25,000/-. The court below had initially fixed the upset price of the property as Rs.12,00,000/- and later the

























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