The petitioner is the judgment debtor in O.S.No.106 of 2005 on the file of the Court of the Subordinate Judge of Sulthan Bathery. The respondent is the decree holder therein. The suit instituted by the respondent was decreed on 7.12.2005. The decree has admittedly attained finality. Under the decree the respondent is entitled to realise from the petitioner the sum of Rs.3,50,000/with interest at 12% per annum from the date of suit till realisation. When the decree debt was not satisfied, the respondent filed E.P.No.21 of 2007 in the Court of the Subordinate Judge of Sulthan Bathery to execute the decree by sale of an item of immovable property belonging to the judgment debtor having an extent of 44 cents which forms part of a larger extent of land, 6.44 acres in extent and the residential building therein. Though the petitioner received notice in the execution petition, he did not file objections. The court below thereupon approved the draft sale proclamation filed by the decree holder and directed sale of the immovable property on 16.8.2013. The upset price was shown as Rs.5,00,000/-. The instant original petition was thereupon filed on
