FATHIMA BEEVI Vs. K P GEETHA

JUDGEMENT

(1.) THREE applications were filed in execution proceedings, namely, E.A. 1457 of 2002 filed by the decree holder and two Execution Applications, namely, E.A. 521 of 2003 under Section 47 of the Code of Civil Procedure and also E.A. 520 of 2003 to adjudicate the claims put forward, filed by the judgment debtors. By the impugned order, the applications filed by the judgment debtors were dismissed and the application filed by the decree holder seeking delivery of the property was allowed.

(2.) IN order to appreciate the issues involved in this case, some facts may be necessary.

(3.) IT appears that on 3.7.2001 the execution petition filed by the decree holder was dismissed for default. Order dismissing the execution petition was reviewed and E.P.104 of 1999 was restored to file and the execution proceedings were posted to 17.7.2001 for settlement of sale proclamation. On 17.7.2001 proclamation was settled and the case was posted for sale of the property to 18.9.2001. On 18.9.2001 the property was sold for Rs.10,01,000/- and it was purchased by the decree holder. The sale was confirmed on 17.11.2001 and the sale certificate was issued on 12.4.2002. Thereafter, the decree holder moved the execution as per E.A. 1457 of 2002 under Order XXI Rule 95 of CPC seeking delivery.