✦ Kerala High Court · 02 Apr 2009

P.SASIKALA v. MANAPPURAM ASSET FINANCE LIMITED

WP(C) No. 10776 of 2009K T SANKARAN

Case at a glance

Decided
02 Apr 2009
Bench
K T SANKARAN

Outcome

Dismissed

With these observations, the Writ Petition is dismissed

Provisions considered

Key paragraphs

  • Para 33. The learned counsel for the petitioners submits that the petitioners are very poor and that the property sought to besold is their residential building. The Writ Petition is not maintainable for the reliefs claimed. No grounds are made out for invoking the jurisdiction under…

Judgment

K.T.SANKARAN, J.---------------------------------- W.P.(C).No.10776 of 2009-----------------------------------Dated this the 2ndday of April, 2009JUDGMENTThe judgment debtors in E.P.No.89 of 2006 in O.S.No.158of 2002, on the file of the Subordinate Judge's court, Ottappalam, have filed this Writ Petition with a prayer to quash the proceedings for sale of the property as evidenced by Ext.P5proclamation. The sale is scheduled to be held on 6.4.2009.

2.

The decree was passed on 9.3.2004. The decree is for payment of money. The property belonging to the petitioners was mortgaged. The objection in the Execution Petition was that the petitioners are entitled to the benefit of clause (c) of the proviso to Sub Section (1) of Section 60 of the Code of CivilProcedure. Since there is a mortgage, Section 60 is not applicable. When the draft sale proclamation was issued, the petitioners raised an objection that the property should be sold in two lots. The total extent of the property is 2.5 cents. There isno meaning in the contention that the property should be sold in WPC No.10776/20092two lots, since the extent is too small.

Operative part

3.

The learned counsel for the petitioners submits that the petitioners are very poor and that the property sought to besold is their residential building. The Writ Petition is not maintainable for the reliefs claimed. No grounds are made out for invoking the jurisdiction under Article 227 of the Constitutionof India. If the prayer of the petitioners is to adjourn the sale, they could very well approach the executing court and pray for adjournment of sale after paying a reasonable amount in which case the executing court will certainly consider the request. With these observations, the Writ Petition is dismissed. K.T.SANKARAN, JUDGEcsl

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: With these observations, the Writ Petition is dismissed

Which court decided this case, and when?

Kerala High Court, on 02 Apr 2009. The bench was K T SANKARAN.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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