ACHAMMA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The judgment of the Court was delivered by John Mathew, J. These appeals arise from the execution proceedings in O.S. No. 154/1976 of the Additional Sub Court, N. Parur. The decree was one for money obtained by the State Bank of India, Cochin Branch, which is hereinafter referred to as the decree-holder against Trio Packaging Company, M.G. Road, Ernakulam, which is hereinafter referred to as the Ist Judgment-debtor, for realisation of an amount of Rs. 2,41,083.77 and interest thereon.

(2.) The decree schedule property was sold in execution. The 9th judgment- debtor filed E.A. No. 606/88 to set aside the sale. These applications were dismissed by the execution Court by separate orders dated 22nd Dec., 1988. The 9th judgment-debtor has filed C.M.A. No. 8/89 and the judgment debtors 1 and 2 have filed C.M.A. No. 41/89 against the respective orders dismissing their application to set aside the sale. In both these appeals the auction purchaser is impleaded as a respondent. He is hereinafter referred to as the auction purchaser.

(3.) The only point to be considered is whether the sale is liable to be set aside.