JUDGMENT :

This original petition under Article 227 of the Constitution of India is filed by the petitioner challenging Ext.P11 order passed by the Principal Subordinate Judge's Court, Ernakulam in E.A.No.164/2017 in E.P.No.159/2013 in O.S.No.160/2010 dated 25.10.2017, declining to sell the property belonging to the 2nd respondent, i.e., the wife of the judgment debtor-1st respondent, holding that the property was transferred by the judgment debtor to his wife, prior to the filing of the suit. Brief material facts for the disposal of the original petition are as follows:

2. Petitioner is the decree holder in O.S.No.160/2010 on the files of the Principal Subordinate Judge's Court, Ernakulam. The 1st respondent is the defendant in the suit and judgment debtor in the Execution Petition. The 2nd respondent is the wife of the 1st respondent, in whose favour a settlement deed is executed by the 1st respondent, bearing No.39/2008 of Office of the Sub Registrar, Maradu, Ernakulam District. Petitioner instituted the suit for recovery of an amount of Rs.1,25,000/-on the basis of Ext.A1 promissory note executed by the 1st respondent. Though the 1st respondent entered appearance and filed writte