BABU JOHN Vs. A.K. RAMAKRISHNAN AND ORS.

JUDGEMENT

(1.) FAO.306/13 is filed by the judgment debtor in EP.24/08 in OS.30/03 on the file of the Sub Court, Nedumangad, challenging the order passed by that court in EA.87/11, whereby, his application filed under Order XXI Rule 90 of the Code of Civil Procedure seeking to set aside the sale conducted on 26.5.2011 was dismissed. FAO.27/14 is filed by the purchaser of the property in court auction, aggrieved by the order dated 23.7.2013 allowing EA.105/13 filed by the judgment debtor.

(2.) On facts, it is only relevant to state that the first respondent had filed OS.30/03 which was decreed in his favour and the decree has become final. EP.24/08 was filed to realise the decree debt by sale of the attached properties owned by the appellant judgment debtor. In the execution petition, on 25.7.2009, the decree holder submitted schedule of properties for proclamation and sale. This consisted of two items, having an extent of 25 cents and 11 cents respectively.

(3.) In EA.124/10 filed by the appellant judgment debtor, he inter alia pleaded that it was not necessary to sell both items of properties for realisation of the decree debt. This application was considered by the court in exercise of its power under Order XXI Rule 64 and order dated 7.4.2011 was passed, which, inter alia, reads thus: