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Judgment
Dr. Kauser Edappagath, J
Ext.P6 order passed by the Additional District Court - VI, Ernakualm, is under challenge in this Original Petition. The petitioner is the judgment debtor and the respondent is the decree holder. The total decreed debt with interest comes to approximately Rs.5.75 crores. The property of the judgment debtor is already under attachment. The judgment debtor expressed willingness to deposit Rs.5.7 crores before the Executing Court. The Executing Court permitted the judgment debtor to deposit the amount, but in Ext.P6 order it is stated that the deposit of the said amount would be without prejudice to the contentions of the judgment debtor. It is challenged in the said order the judgment debtor is before this Court.
I have heard counsel on both sides.
The learned counsel for judgment debtor submitted that there is building tax due to the Municipality, which has to be cleared by the decree holder, and it has to be settled by both the judgment debtor and the decree holder with the Municipality.
In these circumstances, the judgment debtor is directed to deposit Rs.5.7 crores before the Executing Court. Both the judgment debtor and the decree holder approach the Municipality and jointly settle the liability. On deposit of Rs.5.7 crores, the attachment shall stand lifted. The Execution Court shall adjourn the Execution Petition after the vacation for compliance of direction in this order.
The Original Petition is disposed of.