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2021 Supreme(Ker) 511

M.R.ANITHA
Silvi W/o Shaji V. D. – Appellant
Versus
Iritty Chits Finance and Investments (Private) Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: T.V. Jayakumar Namboodiri.
For the Respondents: Sri. Abdul Raoof Pallipath, Sri. K.R. Avinash.

JUDGMENT :

M.R. ANITHA, J.

1. Petitioner is the respondent/judgment-debtor in E.P. No. 24/2017 in O.S. No. 100/2014 of Sub Court, Payyannur. The Original Petition has been filed against the impugned order fixing upset price by the execution Court.

2. The Suit was one for realization of amount and it was decreed against the petitioner/Judgment-debtor (hereinafter referred as ‘petitioner’). Since the payment was not made, E.P. No. 24/2017 was filed by the respondent/decree holder (here in after be referred as respondent) for executing the decree by attachment and sale of 34.5 cents of land owned by the petitioner. According to the petitioner, the value of the property shown as 22 lakhs in the sale proclamation is far below the actual value of the property prevailing in the area. Petitioner filed detailed counter to the valuations shown in the sale proclamation and copy of which is produced as Ext.P1. Petitioner claims that the property would fetch a value of Rs. 1,03,50,000/- (1 Crore 3 lakhs 50 thousand). The building in the property is having a plinth area of 2900 sq. feet. It would worth more than Rs. 50 Lakhs. The market value of the property in the locality is Rs. 25 lakhs per cent

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