JUDGMENT

Dated this the 9th day of March, 2022 Order dated 13.12.2019 in E.P.No.223/2015 in O.S.No.1009/2013 on the files of the Principal Sub Judge, Thrissur is under challenge in this Original Petition filed under Article 227 of the Constitution of India.

2. As per the above order, the learned Principal Sub Judge fixed the upset price at Rs.25 lakh.

3. It is submitted by the learned counsel for the petitioners/judgment debtors that the upset price fixed by the court below is low and the court below has given emphasis to fair value notification issued by the Government to arrive at the upset price. He conceded that though by filing objection to the draft sale proclamation, the judgment debtors raised a contention that the property would fetch Rs.8,00,000/- per cent. No documents produced before the execution court to show the value of the property to be fixed by the execution court. That shows reluctance on the part of the judgment debtors in co- operating with the execution proceedings though the decree sought to be executed is the outcome of consent in between the parties. Therefore, any order in favour of the petitioners shall be subject to payment of cost.

4. Since it is vehemently argued that the upset price fixed is low, I am of the view that the upset price needs to be re- fixed, if the petitioners herein produce documents to show the value of the property in excess of the upset price that has been fixed as per Ext.P7 order. For the said purpose, the order impugned is set aside and the matter is remitted back to the execution court subject to payment of cost.

5. The judgment debtors/petitioners are directed to place documents before the execution court showing the value of the property in excess of Rs.25,00,000/- as contended, within a period of three weeks. On production of the same, the learned Principal Sub Judge is directed to reconsider the upset price, in accordance with law.

6. It is made clear that if the petitioners fail to produce any documents showing higher price for the property within a period three weeks, then the execution court is at liberty to go with sale based on the upset price fixed as per Ext.P7 and in that event, Ext.P7 stands revived.

Since dilatory tactics could be foreseen from the proceedings, on the part of the judgment debtors, the judgment debtors shall pay cost of Rs.10,000/- to the decree-holder within a period of ten days from today and if the cost ordered failed to be paid as directed, then also Ext.P7 shall stand confirmed and the execution court is at liberty to go with the sale of the property in view of Ext.P7.

This Original Petition stands disposed of as above.

Registry shall forward a copy of this judgment to the court below concerned, within seven days, for information and compliance.

Sd/-

A. BADHARUDEEN JUDGE

nkr

APPENDIX OF OP(C) 388/2020 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF E.P.233/2015 FILED BY THE RESPONDENT HEREIN.

EXHIBIT P2 THE TRUE COPY OF THE DRAFT SALE PROCLAMATION.

EXHIBIT P3 THE TRUE COPY OF THE OBJECTION FILED BY THE

2ND PETITIONER HEREIN EXHIBIT P4 THE TRUE COPY OF THE FAIR VALUE CERTIFICATE.

EXHIBIT P5 THE TRUE COPY OF THE PHOTOGRAPH SHOWING THE NATURE AND LIE OF THE PROPERTY.

EXHIBIT P6 THE TRUE COPY OF THE ATTACHMENT APPLICATION FILED BY THE RESPONDENT HEREIN IN THE SUIT SHOWING THE SCHEDULE OF THE PROPERTY.

EXHIBIT P7 THE TRUE COPY OF THE ORDER DATED 13.12.2019 IN E.P 223/2015 ON THE FILES OF PRINCIPAL SUB JUDGE, THRISSUR ARISING FROM O.S

1009/2013 EXHIBIT P8 THE TRUE COPY OF GO(P) NO 43/2018/TD