The third judgment debtor in O.S.No.234 of 2004, Sub Court, Palakkad, challenges the order dated 17.12.2010 passed by the executing court directing sale of an extent of 51 cents of land for realisation of a sum of ` 9,06,213/- claimed in the Execution Petition.

2. The respondent obtained a decree for a sum of ` 7,34,126/- together with interest. It is stated that the decree is a mortgage decree and that the decree itself provides for sale of only sufficient portion of the mortgaged property for realisation of the decree amount.

3. In the Execution Petition, notice was issued to the judgment debtors. The petitioner filed a counter statement dated 9.7.2009, in which, he contended that sale of two items of immovable properties is not required for realisation of the decree debt. Item 1 is having an extent of 1.82 acres. Item 2 consists of 51 cents. In the objection, it is stated that item 2 is a paramba and it would fetch a market value of ` 25 lakhs. It was contended that sale of a portion of item 2 would be sufficient for realisation of the decree debt.

4. On the basis of the counter statement dated 9.7.2009, the executing court excluded item 1 from the purview of sale.