JAYAKUMAR Vs. STATE BANK OF TRAVANCORE

JUDGEMENT

(1.) This is an appeal filed by the 6th judgment debtor in EP No.332 of 1999 in O.S No.1048 of 1992 on the file of the Additional Sub Court, Kottayam. He has filed E.A No.79 of 2007 under Order XXI Rule 90 of the Code of Civil Procedure, 1908 seeking to set aside the sale held on 6/1/2007. The Additional Sub Court dismissed that application as per the order dtd. 15/7/2010. Challenging the said order, this appeal is filed under Sec. 104 read with Order XLIII Rule 1(j) of the Code.

(2.) Heard the learned counsel appearing for the petitioner, the learned counsel appearing for the 1st respondent and also the learned counsel appearing for the 2nd respondent.

(3.) O.S.No.1048 of 1992 was filed by the 1st respondent seeking recovery of money. That suit was decreed on 25/11/1997 allowing the 1st respondent to realise Rs.6,06,003.00 and paise 39 along with interest. The 1st respondent filed E.P.No.332 of 1999 for execution of the said decree. Additional respondents 5 and 6 were impleaded in the execution petition following the death of the 2nd judgment debtor. 26.5 cents of land comprised in survey no.284/21 of Aymanam village was brought on sale in execution of the decree. The said property was sold in public auction on 6/1/2007 and the property was bid by the 2nd respondent for an amount of Rs.6,00,000.00. Petitioner filed E.A.No.79 of 2007 for setting aside the said sale alleging that there was irregularity and fraud in publishing and conducting the sale. It was alleged that the property was sold for a totally inadequate price and there was no due proclamation of the sale. In the proclamation for sale, material particulars were not stated, particularly, place and time for the sale and that petitioner was not given sufficient opportunity to raise his objections.