SALIM, S/O.MUDAVKATTIL KUNJUMUHAMMED Vs. IBRAHIM NAZAR

JUDGEMENT

(1.) EXT .P5, order dated 11.10.2012 on E.A.No.1583 of 2011 in E.P.No.409 of 2009 in O.S.No.393 of 2001 of the II Additional Sub Court, Thrissur is under challenge in this original petition at the instance of the petitioner/decree holder.

(2.) TEN cents belonging to the respondent/judgment debtor was sold in court auction on 05.09.2011 and purchased by the petitioner in satisfaction of the decree debt to the tune of Rs.11,53,000.00. Respondent filed E.A.No.1583 of 2011, application under Rule 90 of Order XXI of the Code of Civil Procedure (for short, "the Code") on 29.09.2011 challenging the execution sale. That application was allowed by the impugned order. Hence this original petition.

(3.) IT is seen from Ext.P5, order that E.A.No.1583 of 2011 was filed under Rule 90 of Order XXI of the Code. Learned counsel says that respondent was served with notice under Rule 66 of Order XXI of the Code. Hence the allegations in E.A.No.1583 of 2011 bring it within the purview of Rule 90 of Order XXI of the Code.