JAMES Vs. SHAJU P JOSE

JUDGEMENT

(1.) EXHIBITS P8 and P9 orders dated 04.12.2012 on E.A. Nos.1902 and 1903 of 2012 in E.P. No.288 of 2000 in O.S. No.462 of 1995 of the Second Additional Sub Court, Thrissur are under challenge at the instance of the judgment debtors.

(2.) THE petitioners availed loan from the 2nd respondent in the year, 1987 and as the learned Senior Advocate for the 2nd respondent would say, since the petitioners did not pay any amount the 2nd respondent filed O.S. No.402 of 1995 for realization of the amount by sale of property. A decree was passed in favour of the 2nd respondent on 30.07.1999 directing the petitioners to pay Rs.1,68,124.00 with interest at the rate of 15.5% per annum failing which the mortgaged property was to be sold and the amount realized.

(3.) THE 2nd respondent filed E.P. No.288 of 2000 for realization of the amount due as per judgment and decree of the trial court. The 2nd respondent proceeded against the mortgaged property belonging to the petitioners. After various hurdles, the property was sold on 08.04.2008 and purchased by the 1st respondent for Rs.5,10,000.00. The petitioners filed E.A. No.486 of 2008 under Rule 90 of Order XXI of the Code of Civil Procedure (for short, "the Code") to set aside the sale on various grounds. That application was dismissed and the sale was confirmed in favour of the 1st respondent on 23.09.2009. Certificate of sale was issued to the 1st respondent on 09.04.2010. The petitioners challenged the order on E.A. No.486 of 2008 in F.A.O. No.185 of 2010. That appeal was disposed of along with A.S. No.286 of 2000 by Ext.P2, common judgment. The judgment and decree of the trial court was modified to the extent that rate of interest was fixed as 6% per annum from 30.07.1999. In all other respects the judgment and decree of the trial court were confirmed. F.A.O. No.185 of 2010 was dismissed.