SUDHAKARAN Vs. SREEKUMAR

JUDGEMENT

(1.) E.A. No.581/2010 of the Additional Munsiff's Court-I, Neyyattinkara, has been directed to be disposed of de novo, as per the judgment dated 21.03.2018 of the Sub Court, Neyyattinkara in C.M.A.28 of 2011. The same is under challenge by the decree holder.

(2.) The petitioner filed O.S. No.729/2001 for recovery of money. The suit was decreed. In execution of the decree, 10 cents of property belonging to the judgment debtor was sold at the rate of Rs. 10,465/- per cent. E.A. No.581/2010 was filed by the judgment debtor for setting aside the sale on the grounds enumerated under Order 21 Rule 90 CPC. It is alleged that the property was sold at a very low price and that the decree holder had not produced the valuation certificate relating to the property at the relevant time. The contention was that property will fetch at least Rs. 4,00,000/- per cent. The valuation certificate produced by the decree holder was dated 16.07.07 whereas the sale was on 01.06.2010. The application was dismissed by the execution court. On appeal, the lower appellate court held thus:

(3.) The learned Sub Judge set aside the order of dismissal and remanded the matter back to the execution court for disposal anew. I do not find any illegality or irregularity in the impugned judgment.