✦ Kerala High Court

Judgment · High Court

Case at a glance

Outcome

Disposed of

The original petition is disposed of

Provisions considered

Judgment

O.P.(C) No.4092 of 20122Civil Procedure. It is trite law that only such of the property asis necessary to satisfy the decree debt need be sold as perOrder XXI Rule 64 of the Code of Civil Procedure. Thereforethe court below will sell 15 cents of land with the buildingthereon in two lots - one plot with the building and the otherwithout. Both the plots shall be proclaimed for sale at the samedate and venue. But Lot No.II shall be sold only if the saleproceeds of Lot No.I are insufficient to satisfy the decree debt. 3. I permit the petitioners to move the court belowfor modification of the sale proclamation as above. Suchapplication if filed within a period of two weeks from today shallbe considered within a period of one month therefrom. The saleof the property slated on 5.12.2012 shall stand deferred toenable the petitioners to work out their remedy as above. It isopen to the petitioners to negotiate with the respondent andsettle the dues in the meanwhile. The original petition is disposed of. V.CHITAMBARESH,Judge. nj.

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: The original petition is disposed of

Which statutory provisions did this judgment involve?

Code of Civil Procedure, 1908 — O. XXI r. 64.

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This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Kerala High Court or eCourts case status (search case no. OP(C) No. 4092 of 2012). ← Search more judgments