PANSI XAVIER Vs. MANAGER, DHENA BANK LTD

JUDGEMENT

(1.) THE judgment debtor in a suit for realisation of money is the petitioner. The respondent obtained a money decree charged on the properties of the petitioner. The decree debt including the interest which according to the respondent is more than Rs. 12,00,000.00.

(2.) THE property charged is having an extent of 12.5 cents. When the respondent took steps to sell the entire property, the petitioner pointed out that a portion of the property would fetch more than the decree amount.

(3.) ON the basis of the objection raised by the petitioner, the Court below again deputed Advocate Commissioner, who filed Ext.P4 report, demarcating 3 cents, which according to the Commissioner would wipe off the entire decree debt.