The petitioner herein is the 1st judgment debtor in E.P.No.66 of 2007 in ARC No.1720/2005 on the files of the Sub Court, Palakkad and the respondent herein is the decree holder in the above E.P. The above E.P was filed by the decree holder praying for execution of the award passed in ARC No.1720 of 2005 by the Co-operative Arbitration Court, Palakkad. Earlier, the petitioner filed W.P.C No.23785 of 2008 challenging the sale proclamation issued by the Sub Court, on the ground that, the value of the property shown in the proclamation is too low and inadequate. According to the petitioner, the property would fetch 1.5 lakhs per cent. So, it is not necessary to sell 42 cents of property for realising the award amount. As per Ext.P3 judgment of this Court, earlier proclamation was set aside and this Court directed the decree holder to file fresh O.P.(C).No.599 of 2011 2 proclamation schedule. As per the direction, the decree holder filed Ext.P4 proclamation and the court below accepted the same under Ext.P5. Though, this petition has been filed on various grounds challenging Ext.P5, after arguing the case for sometime, the learned counsel for the petitioner submits that the petitioner is ready to pay the decree amount within a period of three months.
Having regard to the facts and circumstances of the case, I find that the petitioner can be given an opportunity to pay the entire amount due under the decree in lump sum within a period of three months. The court below is directed to keep the execution proceedings in abeyance for a period of three months from today, failing which, the execution court will be at liberty to proceed in accordance with law.
The original petition is disposed of.
Stu //True copy// P.A to Judge K.HARILAL, JUDGE.