AI Structured Summary
Not yet generated for this judgment
Judgment
C. Jayachandran, J
Petitioner herein is the judgment debtor in E.P.No.155/2022 of the Principal Sub Court, Irinjalakuda, which arises from A.R.C. No.1189/2018. The short grievance of the petitioner is that, a fresh Draft Sale Proclamation as mandated in Ext.P6 order has not been produced and issued, without which the sale of the property is being proceeded with. The same stands posted to 24.02.2024, is the submission made.
Learned counsel for the petitioner would submit that, the total extent available as per Ext.P1 Draft Sale Proclamation is 6.88 ares, with an upset price of 59.50 lakhs. Based on the objection preferred by the petitioner, Ext.P5 order was issued by limiting the property to be sold to 8.5 cents. The petitioner also has a grievance that, the lie and location of the said 8.5 cents, which forms part of 6.88 ares is not clear from the Ext.P5 order. Although, Ext.P6 order directs to produce a new Draft Sale Proclamation, the same has not been done.
Having regard to the limited relief sought for, notice to the respondent is dispensed with.
Having heard the learned counsel for the petitioner and perused the records, this Courts directs the learned Sub Judge, Irinjalakuda, to ascertain whether a new Draft Sale Proclamation in terms of Ext.P6, has been produced and published, specifying the lie and location of the 8.5 cents sought to be sold. If the same is not done, the same shall be done, before sale is effected.
This Original petition is disposed of with the above direction.