UNNI MADHAVAN NAIR Vs. SREENARAYANA INVESTMENT

JUDGEMENT

(1.) The writ petition is filed by the judgment debtor in E.P. No. 188/2008 in O.S. No. 240/1985 on the file of the Sub Court, Palakkad. The order passed by the execution court for settling the proclamation of sale is impeached in the petition contending that it has not been done in accordance with the mandate covered by Order XXI Rule 66 of CPC.

(2.) Notice being given, the respondent/decree holder has entered appearance. A report from the court below was also called for as to the proceedings taken in the execution leading to the proclamation for sale.

(3.) Heard the counsel on both sides. After notice was given to the judgment debtor under Order XXI Rule 66 of CPC, to which he appeared and sought time to file counter on subsequent posting dates, he prayed for time to make payment. As no payment was made by order dated 27.9.2008, the court passed the impugned order, which reads thus: "No payment. Upset price fixed Rs. 7 lakhs. Proclaim and sell on 10.11.2008" and that order is impeached in the writ petition.