SAJIMON Y. Vs. RADHAMANI

JUDGEMENT

(1.) This is an appeal filed under Order XLIII, Rule 1(j) of the Code of Civil Procedure, 1908.

(2.) 5.36 Ares of land comprised in re-survey No.468/3 of Kottarakkara Village was sold in auction in E.P.No.7 of 2015 in O.S.No.112 of 2012 by the Sub Court, Kottarakkara on 23/6/2020 to the respondent-decree holder for an amount of Rs.27.00 lakhs. The petitioner-judgment debtor filed E.A.No.1 of 2020 seeking to set aside the sale. The respondent resisted the said application by filing an objection. The Execution Court, after considering the matter in detail, dismissed E.A.No.1 of 2020 holding that there was no fraud or irregularity in publishing the proclamation or conduct of sale, warranting to set aside the sale. It was further held that the appellant is trying to protract the execution of decree, which was passed as early as in 2014.

(3.) The appeal was admitted to file on 5/4/2020 and notice was directed to be served on the respondent. This Court, as per order dtd. 17/12/2020 refused to stay the order for delivery of the property, which was sold on 23/6/2020. However, the respondent was directed not to alienate the property, put anyone else in possession or carry out any structural alteration to the building.