EAPEN THOMAS Vs. VARKEY THOMAS

JUDGEMENT

(1.) The question raised in this appeal is short, but not free from difficulty.

(2.) The decree holder auction purchaser, who is the appellant before us obtained a decree for money in O. S. No. 174 of 1102, District Court, Alleppey, charged on the decree scheduled properties, on 17-8-1108. A receiver was appointed in respect of the properties on 12-2-1118. The properties comprising an extent of 48.86 acres were sold and purchased by the appellant for a sum of Rs. 10,208 on 13-12-1120. On 4-1-1121, the judgment debtor filed C. M. P. No. 77 of 1121 under O.21 R.87 of the Travancore C.P.C. (corresponding to O.21 R.90 of the Indian Code). The same was dismissed by the Trial Court; but on appeal in C. M. A. No. 138 of 1953, the High Court of Travancore - Cochin remanded the petition for fresh disposal. The petition was reheard and dismissed on 18-7-1958 and the sale was confirmed on that date.

(3.) Against the order dated 18-7-1958 the 15th defendant preferred C. M. A. No. 76 of 1958 to this Court.