HAMSATH BEEVI Vs. SAFFIYATH BEEVI

JUDGEMENT

(1.) All these Civil Revision Petitions are filed by Hamsath Beevi, the second judgment debtor in E.P. No. 235 of 1985 in O.S. No. 103 of 1980, on the file of the Sub Court, Mavelikkara. One Mathew Philip filed the suit against Muhammed Khan Rawther and Hamsath Beevi (revision petitioner) for realisation of money. The suit was decreed on 14.8.1981. Pending suit, the immovable properties belonging to the defendants were attached before judgment. In execution of the decree, six items of properties were sold in auction. The decree holder purchased property in auction. The sale was conducted on 20.1.1988 and it was confirmed on 25.2.1988.

(2.) Before the sale was conducted, the plaintiff died on 25.2.1986 and his legal representatives, namely, Graceamma Philip, Mohan K.Philip and Anila Philip were impleaded as additional parties.

(3.) The second judgment debtor, Hamsath Beevi, filed E.A. No. 470 of 1997 under Section 47 of the Code of Civil Procedure to set aside the sale. That application was dismissed on 5.11.1997. The judgment debtor No. 2 challenged that order in C.R.R No. 2102 of 1997. The Revision was dismissed on 24.2.1998. The matter was taken in appeal to the Honourable Supreme Court and the Special Leave Petition was dismissed on 3.4.1998. The mother of the second judgment debtor filed a claim petition in respect of the property sold in court auction as E.A. No. 75 of 1989 and that application was also dismissed. The mother of the first defendant had filed O.S. No. 7 of 1989 restraining the decree holders from obtaining delivery of item No. 4 in the sale proclamation O.S. No. 7 of 1989 was dismissed on 27.6.1992.