High Court of KeralaOP(C)/8/2015disposed of

Mathew D. Elavankal v. The Federal Bank

2015-02-04Honourable Mr.Justice P.Bhavadasan5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE 4TH DAY OF FEBRUARY 2015/15TH MAGHA, 1936 OP(C).No. 8 of 2015 (O) ------------------------ (E.P.NO.255/2007 IN OS.NO. 252/2004 OF PRINCIPAL SUB COURT, THALASSERY) ------------- PETITIONERS:

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1. MATHEW D. ELAVANKAL,AGED 57 YEARS, S/O.SEBASTIAN, ELAVANKAL VEEDU, PALATHUMKADAVU P.O., KACHERIKADAVU, AYYANKUNNU, KANNUR DISTRICT.

2. VALSAMMA MATHEW, W/O.MATHEW, ELAVANKAL VEEDU, PALATHUMKADAVU P.O., KACHERIKADAVU, AYYANKUNNU, KANNUR DISTRICT.

BY ADV. SRI.M.SASINDRAN RESPONDENT:

-------------------------- THE FEDERAL BANK LTD., HEAD OFFICE AT ALUVA, BRANCH OFFICE AT VALLITHODU, REPRESENTED BY ITS BRANCH MANAGER, KEEYANTHARA P.O, -670 001, KANNUR DISTRICT.

BY ADV. SRI.A.ANTONY SMT.LEELAMMA ANTONY THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 04-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C).No. 8 of 2015 (O) ----------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- TRUE COPY OF THE JUDGMENT IN OS NO 252 OF 2004 ON THE FILES OF THE SUBORDINATE JUDGES COURT, THALASSERY P1(A):- TRUE COPY OF THE DECREE IN OS NO 252 OF 2004 ON THE FILES OF THE SUBORDINATE JUDGES COURT, THALASSERY P2:- TRUE COPY OF THE SETTLEMENT DEED DTD 7/6/1995 EXECUTED BY THE MOTHER OF THE IST PETITIONER IN FAVOUR OF IST PETITIONER P2(A):- TRUE COPY OF THE SETTLEMENT DEED DTD 1/8/95 EXECUTED BY THE IST PETITIONER IN FAVOUR OF THE 2ND PETITIONER P3:- TRUE COPY OF THE EXECUTION PETITION PETITIN FILED BY THE RESPONDENT AS EP NO.

255 OF 2007 P4:- TRUE COPY OF THE COMMUNICATION ISSUED BY THE KERALA STATE FARMERS DEBT RELIEF COMMISSION TO THE IST PETITIONER P4(A):- TRUE COPY OF THE COMMUNICATION ISSUED BY THE KERALA STATE FARMERS DEBT RELIEF COMMISSION TO THE 2ND PETITIONER P5:- TRUE COPY OF THE JUDGMENT DTD 11/12/2009 IN WPC NO.

TRUE COPY OF THE APPLICATION DATED 14/12/2009 FILED BY THE PETITIONER FOR ADJOURNED SALE.

P8(A): TRUE COPY OF THE APPLICATION DATED 08/01/2010 FILED BY THE PETITIONER FOR ADJOURNING SALE.

P8(B): TRUE COPY OF THE APPLICATION DATED 05/02/2010 FILED BYTHE PETITIONER FOR ADJOURNING SALE.

P8(C): TRUE COPY OF THE APPLICATION FILED ON 12/03/2010 FILED BY THE PETITIONER FOR ADJOURNING SALE.

P9:

TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE COURT DATED 25/11/2010.

2/-

-2OP(C).NO.8/2015 P9(A): TRUE COPY OF THE INTERIM ORDER PASSED BY THE HON'BLE COURT DATED 24/01/2011.

P10:

TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 35363 OF 2010 DATED 12/07/2013.

P11:

TRUE COPY OF THE ORDER DATED 12/08/2014 IN E.P.NO. 255 OF 2014 IN O.S.NO.252 OF 2004 OF SUBORDINATE JUDGES COURT, THALASSERY. P12:

A TRUE COPY OF THE JUDGMENT DATED 19/09/2014 IN W.A.NO. 1680 OF 2013. P13:

A TRUE COPY OF THE PROCLAMATION OF SALE OF IMMOVABLE PROPERTY DRAWN UP BY THE SUBORDINATE JUDGES COURT, THALASSERY. P14:

A TRUE COPY OF THE SALE DEED DATED 26/03/2014. P15:

A TRUE COPY OF THE NOTIFICATION ISSUED BY THE GOVERNMENT OF KERALA FIXING THE FAIR VALUE OF THE PETITIONERS PROPERTY. P16:

A TRUE COPY OF THE NOTIFICATION ISSUED BY THE GOVERNMENT OF KERALA DATED 17/11/2014.

P16(A): A TRUE COPY OF THE CIRCULAR ISSUED BY THE REGISTRATION INSPECTOR GENERAL DATED 15/11/2014.

RESPONDENT(S)' EXHIBITS:

NIL /TRUE COPY/ P.S.TO.JUDGE

P. BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - O.P.(C). No. 8 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of February, 2015.

JUDGMENT

The grievance voiced by the petitioners in this petition is regarding the valuation of the property. According to the petitioners, the property will fetch much more than what is shown in the petition.

2. Learned counsel for the decree holder, who is the respondent herein, submits that the court below may be directed to incorporate the valuation shown by the judgment debtors also and then proceed with the matter in accordance with law.

Since the only grievance is regarding the valuation of the property, the court below is directed to incorporate the valuation suggested by the judgment debtors provided they file the valuation statement within two weeks from

O.P.(C).8/2015.

today. Thereafter, the court below shall proceed in accordance with law.

This Original Petition is disposed of as above. P. BHAVADASAN, sb.

JUDGE