PEZHUMKATTIL AHAMMED KUTTY Vs. C M ABDUL MALICK

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned Counsel for the parties. In the present case the High Court, while confirming the order passed by the District Court setting aside the auction sale, has directed the judgment debtor to deposit Rs. 1,12,500/-with 18% interest per annum for the period from 27.12.1989 till the date of deposit as also Rs. 3,000/ as costs of proceedings within one month from that date.

(3.) It has been pointed out that in pursuance of the District Court's order, on 7.6.1999 the appellant has deposited Rs. 1,12,500/ -. It is also pointed out by the learned Counsel that on the basis of the auction, the possession of the auction property was handed over to the respondents-auction purchasers and that has been recorded by the District Judge in his order in paragraph 11 wherein it is stated that auction-purchaser is in possession of the property which is a coconut garden and that he was taking yield from the property, so he cannot claim any interest over the amount paid by him.