The petitioner is the judgment-debtor in R.E.P. No.40/2006 in O.S.No.556 of 2001, on the file of the Subordinate Court, Erode, now pending for execution in District Munsif Court, Thiruchengode. The respondent has filed an Execution Petition for attachment and sale of the immovable property belonging to the judgment-debtor under Order 21, Rule 11(2) CPC.

2. The following is the allegations in terse contained in the counter filed by this petitioner:

1. This respondent has no means to pay off the decree debt. On 010. 1988, he mortgaged the E.P. mentioned property in favour of Komarapalayam J.K.K. Nataraja Nagar Cooperative Building Society for Rs.2,10,000/-. Since the loan was not discharged as on 30.11.2005, a final notice was issued to him stating that in default of payment of Rs.5,10,194/-, the property would be brought for auction.

2. This respondent is suffering from blood-pressure and is taking treatment. He also incurred loss in his business and is maintaining his family with hardships. In this situation, the said society issued final notice for sale, hence, he approached the society. One Thandavan intended to bid the auction and he has also approached the society.