P.N.Ravindran, J.
This appeal arises from the order passed by the Court of the Principal Subordinate Judge of Ernakulam on 21.12.2010 in E.A.No.348 of 2009 in E.A.No.435 of 2008 in E.P.No.373 of 2003 in O.S.No.571 of 1999. The respondent, who is the decree holder in O.S.No.571 of 1999, filed E.A.No.435 of 2008 for attachment of an item of property belonging to the Judgment debtor. That application was allowed. Thereupon the appellant filed E.A.No.348 of 2009 claiming title over the property and praying that the attachment order may be vacated. The said application stood posted for evidence of the appellant on 21.12.2010. Since she was not present the application was dismissed for default. Hence this appeal.
2. When this appeal came up for hearing before us on 1.10.2014 Sri.P.Martin Jose, learned counsel appearing for the respondent-decree holder submitted that the respondent-decree holder is willing to have full satisfaction of the decree passed in Ex.F.A.No.46 of 2014 -:2:-
O.S.No.571 of 1999 on the file of the Court of the Subordinate Judge of Ernakulam recorded if lump sum payment of Rs.1,25,000/- is made on or before 31.10.2014. We thereupon directed the learned counsel appearing for the appellant to get instructions from the appellant as to whether the appellant is willing to make payment of the aforesaid sum on or before 31.10.2014. When this appeal came up for further hearing today, Sri.Saji Varghese Kakkattumattathil, learned counsel appearing for the appellant submitted that the appellant is agreeable to pay the sum of Rs.1,25,000/- towards full satisfaction of the decree debt in O.S.No.571 of 1999, but the appellant may be granted time till 31.12.2014 to make the payment. Learned counsel appearing for the respondent very fairly acceded to the said request.
In such circumstances we dispose of the appeal with a direction that in the event of the appellant paying to the learned counsel appearing for the respondent the sum of Rs.1,25,000/- by way of a demand draft drawn on a nationalised bank on or before 31.12.2014 and producing proof of such payment in the execution court, the execution court shall record full satisfaction of the decree and close E.P.No.373 of 2003. In the event of failure, the impugned order shall stand affirmed. Needless to say, in the event of the execution petition Ex.F.A.No.46 of 2014 -:3:-
being closed after recording full satisfaction of the decree, the attachment shall stand vacated. In that event it will be open to the appellant to move the execution court to communicate the order vacating the attachment to the concerned Sub Registrar, who shall thereupon take appropriate action in the matter.
P.N.RAVINDRAN, Judge.
ahg.
P.B.SURESH KUMAR, Judge P.N.RAVINDRAN & P.B.SURESH KUMAR, JJ.
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JUDGMENT 17th October, 2014