The court recognized the validity of modifying an attachment order in execution proceedings when adequate alternative properties are offered, provided they are free from encumbrances.

J U D G M E N T

The attachment over 60 cents of property in Survey No.224/1 of Poonithura village was sought to be lifted, which was declined by the execution court. It is not in dispute that for execution of the decree, which I notice to be a compromise decree, the entire property is not necessary to be proceeded against.

2. The Managing Director of the Developer Company, who claims to be the owner of the property has filed affidavit dated 06.08.19 before this Court, offering flat Nos.'B' and 'C' on the first floor of the apartment building and specifically shown in the plans produced along with I.A.3/19, along with its proportionate undivided share over the property, to secure the decree. He has filed an additional affidavit dated 09.08.19 swearing to that the said apartments with the proportionate Ex. F. A. No.27 of 2019 &

O. P. (Civil) No.1675 of 2019 :- 2 :-

undivided share, the details of which has been specified therein, is completely free of any encumbrance and that he has not entered into any agreement for sale in respect of the same with any person. The decree holder shall be entitled to proceed against the same.

3. In view of the above, the attachment in E.P.271/17 will stand modified and confined to the above. The court below shall pass further orders in terms of the above, modifying the order of attachment.

The Ex.F.A. and the Original Petition are disposed of as above.

Sd/-

SATHISH NINAN JUDGE kns/-

//True Copy// P.S. to Judge APPENDIX OF OP(C) 1675/2019 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE ORDER OF DECREE IN O.S.NO.1662/2015 ALONG WITH THE COMPROMISE AGREEMENT ENTERED BETWEEN THE PARTIES.

EXHIBIT P2 THE TRUE COPY OF THE ATTACHMENT SCHEDULE BEARING NO.E.A.324/2018 IN E.P.NO.271/2017 IN O.S. NO.1662/2015.

EXHIBIT P3 THE TRUE COPY OF THE ORDER DATED 26.07.2018 OF THE LEARNED MUNSIFF COURT IN.E.A.324/2018 IN E.P.NO.271/2017 IN O.S. NO.1662/2015.

EXHIBIT P4 THE TRUE COPY OF THE FD RECEIPT DATED

18.01.2019 ISSUED BY THE STATE BANK OF INDIA, M.G. ROAD, ERNAKULAM.

EXHIBIT P5 THE TRUE COPY OF THE ORDER DATED 07.03.2019 IN E.A. 38/2019 IN EP 271/2017 IN O.S.1662/2015.

EXHIBIT P6 THE TRUE COPY OF THE PETITION IN E.A.

133/2019 FILED BY THE PETITIONER.

EXHIBIT P7 THE TRUE COPY OF THE OBJECTION FILED BY THE

2ND RESPONDENT IN IN E.A.133/2019.

EXHIBIT P8 THE TRUE COPY OF THE REPLY AFFIDAVIT FILED BY THE PETITIONER IN E.A.133/2019.

EXHIBIT P9 THE TRUE COPY OF THE ORDER IN E.A. 133/2019 DATED 03.06.2019.

EXHIBIT P10 TRUE COPY OF THE PROPERTY TAX RECEIPT SHOWING PAYMENT OF PROPERTY TAX FOR THE FLAT BEARING NO.68/3205A IN THE PETITIONER'S NME FOR THE YEAR 2018-19 ISSUED BY THE COCHIN MUNICIPAL CORPORATION DATED 21/12/2018.

EXHIBIT P11 TRUE COPY OF THE OCCUPANCY CERTIFICATE ISSUED BY THE COCHIN MUNICIPAL CORPORATION FOR THE BUILDING CONSTRUCTED BY THE PETITIONER DATED 09/11/2018.

APPNENDIX- OP(C) 1675/2019 EXHIBIT P12 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, ERNAKULAM DATED 13/08/2018 WITH REGARD TO 19.56 ARES OF PROPERTY OWNED BY THE PETITIONER IN SY.NO.202, 204/1, 204/2.

EXHIBIT P13 TRUE COPY OF THE ENCUMBRANCE CERTIFICATES FOR THE PETITIONER'S PROPERTY FROM

01/01/2017 TO 28/03/2019.

EXHIBIT P14 TRUE COPY OF THE SALE DEED BEARING NO.2322/95 OF ERNAKULAM SRO.

EXHIBIT P15 TRUE COPY OF THE SALE DEED BEARING NO.2133/95 OF ERNAKULAM SRO.

EXHIBIT P16 TRUE COPY OF THE SALE DEED BEARING NO.1966/95 OF ERNAKULAM SRO.

EXHIBIT P17 TRUE COPY OF THE SALE DEED BEARING NO.426/96 OF ERNAKULAM SRO.

EXHIBIT P18 TRUE COPY OF THE SALE DEED BEARING NO.3274/1995 OF ERNAKULAM SRO.

EXHIBIT P19 TRUE COPY OF THE SALE DEED BEARING NO.3033/2013 OF ERNAKULAM SRO.

EXHIBIT P20 TRUE COPY OF THE SALE DEED BEARING NO.4529/2013 OF ERNAKULAM SRO.

EXHIBIT P21 TRUE COPY OF THE SETTLEMENT DEED NO.1423/2014 OF EERNAKULAM SRO.

EXHIBIT P22 TRUE COPY OF THE TAX RECEIPT SHOWING THE PAUYMENT OF PROPERTY TAX IN 1.73 ARES OF PROPERTY COMPRISED IN SY.NO.204/2 OF ERNAKULAM VILLAGE FOR THE YEAR 2018-19.

EXHIBIT P22(A): TRUE COPY OF THE TAX RECEIPT SHOWING THE PAUYMEN