BALAKRISHNAN THULASEEDHARAN Vs. THULASEEDHARAN PILLAI

JUDGEMENT

(1.) AN order refusing to set aside the sale under Order 21 Rule 90 C.P.C is under challenge in this original petition.

(2.) THE petitioner had obtained a decree against the second respondent for a sum of Rs.2,01,186/- with interest and costs in O.S.No.58/2000 on the file of the Court of the Subordinate Judge of Kottarakkara. The first respondent had also obtained a decree against the second respondent for a sum of Rs.86,700/- with interest and costs in O.S.No.231/2000 on the file of the Court of the Munsiff of Kottarakkara. The property of the second respondent was attached in execution in O.S.No.231/2000 and brought to sale by the first respondent. The property of extent 1.08 acres in R.S.No.151/7 of Kadakkal village was sold on 30.05.2006 for a ridiculous low price of Rs.2,81,000/- at the rate of Rs.2,600/- per cent. The property has been purchased in auction by the third respondent who alone has entered appearance in this original petition.

(3.) BUT the sale cannot be set aside without imposing any condition whatsoever. The petitioner shall deposit a sum of Rs.5,00,000/- in the execution court on or before 01.08.2012. I arrive at this figure after deducting the sum of about Rs.5,00,000/- due to the decree holder in O.S.No.58/2000 out of the total approximate value of Rs.10,00,000/-. The sale conducted on 30.05.2006 by the execution court shall be set aside if the said sum of Rs.5,00,000/- in addition to 5% commission of Rs.2,81,000/- is deposited within the time framed stipulated above.