LAWS(KER)-1992-7-58

PADIYATH RAGHAVAN Vs. P. K. KRISHNAN NAMBIAR

Decided On July 31, 1992
Padiyath Raghavan Appellant
V/S
P. K. Krishnan Nambiar Respondents

JUDGEMENT

(1.) This petition by the purchaser at the court auction in execution of the decree in O. S. No. 3 of 1978 impugns the validity of the order of the District Judge, Thalassery, in C. M, A. No. 34 of 1990 confirming the order of the Sub Judge, Thalassery in E. A. No, 48 of 1987 in E. P. No. 103 of 1986, whereby the latter allowed the Judgment debtor's application and set aside the sale under R.90 of O.21 of the Code of Civil Procedure (hereinafter referred to as the Code).

(2.) In this judgment the petitioner, the respondent No. 1 and the respondent No. 2 are referred to as the purchaser, the judgment debtor and the decree holder respectively.

(3.) The following facts may be taken to be undisputed.