FATHIMA BEEVI, Vs. JOLY JOHN,

JUDGEMENT

(1.) This is an appeal preferred under Order XLIII, Rule 1(j) of the Code of Civil Procedure, 1908. The appellant challenges the order dtd. 26/10/2021 by which the Additional Sub Court, Kottayam, dismissed E.A.No.205 of 2019 filed by the appellant seeking to set aside sale held on 13/3/2019 in E.P.No.39 of 2018 in O.S.No.279 of 2010.

(2.) O.S.No.279 of 2010 was filed by the respondent herein seeking a decree of specific performance with an alternative relief of return of the advance amount paid. The amount said to have been paid as advance is Rs.3,50,000.00. The suit was settled in the Lok Adalath. An award was accordingly passed allowing the respondent to realise an amount of Rs.4,50,000.00. The award further stipulated that, in default of payment of the said amount on or before 20/2/2012, the respondent would be entitled to realise the decree amount along with interest at the rate of 18% per annum. The appellant did not make payment in terms of the said award. Therefore, this award was put in execution. In E.P.No.39 of 2018 filed before the Additional Sub Court, Kottayam, two items of property belonging to the appellant were attached. Her property was eventually brought on sale. Two items of property are 1.38 Ares of land comprised in Resurvey No.494/3/2 (A-Schedule) and 1.10 Ares land along with a building comprised in Re-survey No.85/5 and 85/6 (BSchedule) of Athirampuzha Village. After the proclamation was settled and proclaimed, the property was put in auction. The respondent, after obtaining leave under Order XXI, Rule 72 of the Code, bid the property in auction. The appellant thereafter filed E.A.No.205 of 2019 under Order XXI, Rule 90 of the Code seeking to set aside the sale. The Execution Court dismissed E.A.No.205 of 2019 on 26/10/2021. That order is under challenge in this appeal.

(3.) On 4/1/2022, when this case came up for admission, urgent notice was ordered to be served on the respondents. The respondents entered through their learned counsel.