P NARAYANA PILLAI Vs. KUNJU KUNJU GOPALAN

JUDGEMENT

(1.) The decree holder is the appellant and the appeal is filed against the order of the appellate court dismissing the execution petition 733 of 1960 filed by the decree holder on 9-12-1960.

(2.) In execution of the decree, the right of the second defendant in 20 cents of land was sold in court auction on 14-12-1956 in full satisfaction of the decree debt. The sale was confirmed on 6-7-1957. When the decree holder auction purchaser applied for delivery of property, he was obstructed from taking delivery of the property by a stranger to the decree. The application filed by the auction purchaser for delivery of property after removing the obstruction was dismissed.

(3.) Execution Petition 733 of 1960 was filed by the decree holder on 9-12-1960 on the ground that the court sale became infructuous because of the dismissal of the application filed by him for delivery of property after removing the obstruction. The execution court allowed the decree holder to take further steps on the execution petition on the ground that the decree revived since he did not get possession of the property purchased in court auction. The appellate Judge dismissed the execution petition as he was of the view that the decree did not revive as the decree holder did not get the court sale which took place in satisfaction of the decree amount, set aside.