BALAN K Vs. SBI PALAKKAD

JUDGEMENT

(1.) The court auction purchaser filed an application under Order XXI Rule 93 of the Code of Civil Procedure. The executing court dismissed the same, which is under challenge in this Revision. The State Bank of India, Thrikkidiri branch filed O.S. No. 457 of 1996, Sub Court, Ottapalam for realisation of money. The suit was decreed. The decree holder put the decree in execution, in E.P. No. 32 of 1997. The property belonging to the judgment debtor was sold in court auction and it was purchased by the revision Petitioner for a sum of 31,500/-. He deposited the sale amount. On 24.07.1998, the sale was confirmed and the sale certificate was issued.

(2.) Before the sale was confirmed, one Parameswaran Namboodiri filed O.S. No. 269 of 1998 on the file of the Munsiff's Court, Ottappalam for a declaration that the attachment and sale in E.P. No. 32 of 1997 does not bind the plaint schedule property (the property which was sold in court auction in E.P. No. 32 of 1997) and that the property belongs absolutely to the Plaintiff. A permanent prohibitory injunction was also sought for, restraining the Defendants from obstructing the peaceful possession of the Plaintiff. The Defendants in O.S. No. 269 of 1998 were: (1) the judgment debtor in O.S. No. 457 of 1996; (2) the decree holder- State Bank of India and (3) the auction purchaser/ revision Petitioner O.S. No. 269 of 1998 was decreed as prayed for. It was found by the court that an extent of 47 cents out of the plaint schedule property belongs to the Plaintiff (Parameswaran Namboodiri) and that an extent of 3 cents with a house thereon belongs to the judgment debtor.

(3.) Meanwhile, when the decree holder bank applied for a cheque to withdraw the amount deposited by the auction purchaser, the revision Petitioner/auction purchaser filed objections contending that Parameswaran Namboodiri had filed O.S. No. 269 of 1998 and that the decree holder should be permitted to withdraw the amount only after the disposal of the suit. The executing court permitted the decree holder bank to withdraw the amount and the amount was withdrawn by the bank.