(1.) THE judgment debtor in O.S.No.438 of 2002 has filed this appeal challenging the order dated 20.7.2009 passed by the Court of the Munsiff of Vaikom in E.A.No.313 of 2008 in E.P.No.208 of 2006 in O.S.No.438 of 2002 declining to set aside the sale held on 10.12.2007. THE brief facts of the case are as follows:-
(2.) THE first respondent herein instituted O.S.No.438 of 2002 in the Court of the Munsiff of Vaikom for realisation of the sum of Rs.15,000/- with interest and costs from the appellant. THE suit was decreed ex-parte on 2.7.2004, allowing the first respondent plaintiff to recover from the appellant the sum of Rs.15,000/- with interest and costs. After the decree attained finality, the first respondent filed E.P.No.208 of 2006 on 1.8.2006 to realise the sum of Rs.20,833/- then due from the appellant. In execution of that decree, a small parcel of land, 4.34 cents in extent, situated in Thalayolaparambu town was brought to sale and sold on 10.12.2007. THE second respondent herein was the successful bidder in the sale held on 10.12.2007 and the bid was knocked down in his favour for the sum of Rs.29,000/-. He remitted the said amount in full and thereafter the sale was confirmed on 11.2.2008. THE sale certificate was issued on 28.5.2008 and the property was delivered over to him on 18.10.2008. On the date fixed for delivery, the appellant filed E.A.No.313 of 2008 in E.P.No.208 of 2006 in O.S.No.438 of 2002 to set aside the sale along with an application to condone the delay in filing that application. By the impugned order, the court below dismissed E.A.No.313 of 2008. Consequently, the application for setting aside the sale was also dismissed. Hence this appeal.