UNNIKRISHNAN NAIR Vs. MANICKANAMPARAMBIL CITTY FUND

JUDGEMENT

(1.) THE order under challenge is one passed in E.A.No.622/2006 in E.P.No.281/2001 in O.S.No. 165/1997 of Principal Sub Court, Kottayam and the appellant is the first judgment debtor.

(2.) WE heard the learned counsel for the appellant Sri.C.S.Manilal and the learned counsel for the respondents Sri.Philip T.Varghese.

(3.) THE learned counsel for the decree holder Sri.Philip T.Varghese submitted that the appellant remained ex parte in the execution proceedings and the earlier C.R.P. was not filed by the appellant, but by the judgment debtors 2 and 3. It is submitted that with regard to the upset price fixed in respect of item No.1, there was no objection from the part of the appellant which is clear from paragraph 4 of Annexure A. It is also submitted that the judgment of this court namely Annexure A was never brought to the notice of the execution court before the confirmation of sale. It is also submitted that the application filed as E.A. No.622/2006 is out of time.