ABDUL RAHMAN Vs. MAIMOONA M S

JUDGEMENT

(1.) THE petitioner/husband is the judgment debtor. THE 1st respondent is the wife/decree holder. THE decree was to pay an amount of Rs.1,87,500/-. THE amount was not paid. THE 1st respondent/wife/decree holder brought the property belonging to the petitioner/husband/judgment debtor to sale in execution. Sale was effected. THE 2nd respondent is the auction purchaser. An amount of Rs.5,30,000/- has been deposited by the auction purchaser before the execution court. THE petitioner came to this Court challenging the steps taken in execution. Parties were referred for mediation. Before the Mediator, parties have settled their disputes. Mediation settlement dated 19.10.2010, has been executed. Mediation settlement is duly signed by the petitioner/judgment debtor and the 2nd respondent/auction purchaser and countersigned by their counsel. THE learned counsel for the decree holder/1st respondent also submits that the 1st respondent/wife also accepts the terms of settlement.

(2.) IT is seen from the agreement and revealed from the submissions at the Bar that an amount of Rs.1,20,000/- has already been paid by the petitioner/judgment debtor to the 2nd respondent/auction purchaser. The auction purchaser has already deposited an amount of Rs.5,30,000/- before the court below. The court below confirms the availability of such amount in deposit. IT is agreed that the said amount can be ordered to be released to the 2nd respondent/auction purchaser.

(3.) IN the result: