ANANTHA KAMATH Vs. K. KRISHNAN

JUDGEMENT

(1.) This Original Petition has been filed under Art. 227 of the Constitution of India challenging Exts.P9 and P12 orders passed by the execution court (Sub Judge, Kasaragod). The petitioner herein is the decree holder and the sole respondent is the judgment debtor.

(2.) The petitioner is aggrieved in the matter of fixation of upset price at Rs.13 lakh per cent in respect of the property sought to be sold to realise the decree debt. According to the petitioner, Ext.P9 fixing the upset price at Rs.13 lakh is not a speaking order. Though E.A No.4/2021 was filed on 26.03.2021 as Ext.P10 to review Ext.P9, the learned Sub Judge dismissed the review petition also on an erroneous appreciation of the facts and the law. While challenging Exts.P9 and P12 it is argued by the learned counsel for the petitioner that the property proposed to be sold comes to 1.06 Acres, essentially a residential property with landlocked situation. Being so, several attempts to sell the properties by private sale or by public auction became futile. Precisely the allegation of the petitioner is that fixation of upset price treating the value of one cent property at Rs.13 lakh is erroneous and is higher than the market value of the property in force. It is submitted further that the upset price ought to be fixed at Rs.3-3.5 lakh per cent.

(3.) Per contra, the learned counsel for the judgment debtor highlighted an affidavit filed by the petitioner/decree holder before the execution court produced as Ext.R1 in this case. The learned counsel submitted that in para.3 of Ext.R1 produced along with the counter affidavit, the decree holder suggested to fix the upset price at Rs.10 lakh per cent. On perusal of Ext.R1, this submission on the premise to sell the entire extent of property could be gathered.