SHEEBA Vs. FEDERAL BANK

JUDGEMENT

(1.) O.S.No.73 of 1998 on the file of the Sub Court, Neyyattinkara, filed by the Federal Bank against Nesayyan Nadar and his wife Suseela were decreed ex-parte on 14.12.1998. Execution was levied in E.P.No.52 of 2009 for realisation of the decree debt by sale of the mortgaged properties belonging to the judgment debtors. Nesayyan Nadar died on 27.12.2008. The petitioners, the legal representatives of Nesayyan Nadar, filed an application to set aside the ex-parte decree. There was delay of more than 10 years in making the application. The trial court dismissed the application and it was confirmed by the High Court.

(2.) IN the execution proceedings, notice was issued under Rule 66 of Order 21 of the Code of Civil Procedure. The petitioners filed this Original Petition under Article 227 of the Constitution of INdia at that stage, for the following reliefs : "a) To issue directions directing the respondent to extent the benefits and incentives available to an agricultural loan to settle the liability covered by the decree in O.S.No.73 of 1998 (E.P.No.52 of 2009) on the file of the Sub Court, Neyyattinkara ;0 b) To issue a direction permitting the petitioners to discharge the decree debt covered in E.P.No.52 of 2009 as per the interest applicable to agricultural loans in easy monthly instalments ; c) To issue a direction staying the sale of the property of the petitioners scheduled in E.P.No.52 of 2009 on the file of Sub Court, Neyyattinkara."

(3.) THE executing court issued a notice under Rule 66 of Order 21. THE remedy of the petitioners is to appear before the executing court and file objection. It is submitted by the learned counsel for the petitioners that for realisation of the decree debt, it is not necessary to sell the whole extent of the mortgaged property. Any contention which is available under law can be taken by the petitioners before the executing court. A Writ Petition cannot be filed at this stage for that relief.