K.P.SAMUEL Vs. CO-OPERATIVE HOUSING SOCIETY LTD.

JUDGEMENT

(1.) Ext. P8 is under challenge in this Original Petition.

(2.) Heard.

(3.) The learned counsel for the petitioner has argued that an extent of 25 cents of property having a market value of Rs. 25,00,000/- had been proclaimed for sale in execution of a decree for an amount of Rs. 11,49,779/- and hence, Ext. P8 proclamation cannot be legal and correct. It is settled law that before issuing proclamation, it is obligatory on the part of the court to satisfy that only such portion of the property as would satisfy the decree is sold and not the entire property as provided under Order XXI Rule 64 CPC.