SAMUEL Vs. ART LEASING LIMITED

JUDGEMENT

(1.) NOTICE to the respondent is dispensed with in view of the manner in which I propose to dispose of this original petition.

(2.) THIS original petition is filed by the judgment debtor in E.P.No.50 of 2010 of the Sub Court, Pathanamthitta where a decree obtained by respondent in O.S.No.21 of 2009 of the Sub Court, Chengannur is being executed and as learned counsel submits, more than Rs. 6,68,000/- is due to the respondent. Learned counsel submits that 33 Ares belonging to the petitioner was attached but the sale proclamation was approved for sale of 15 Ares and that property is being brought up for sale on 07.04.2012. According to the petitioner, as per the fair value fixed by the State Government (Ext.P1) value per Are is Rs. 5,00,000/- and hence sale of 2 Ares is sufficient to satisfy the decree in favour of respondent. Petitioner has filed Ext.P2 - E.A.No.250 of 2012 requesting the executing court to consider whether sale of 2 Ares is sufficient to satisfy the decree debt and in the meantime, defer the proposed auction sale on 07.04.2012.