KURUVILLA Vs. CORPORATION BANK

JUDGEMENT

(1.) The questions arising for consideration in this Appeal are:

(2.) Judgment debtor No. 4 is the appellant. He challenges the order passed by the executing Court dismissing his application for setting aside sale under O.21 R.90 of the Code of Civil Procedure (hereinafter referred to as CPC). On 12/12/1986, a decree was passed against the defendants including the appellant herein for realization of a sum of Rs.6,49,675.15 with interest and costs. A charge decree was passed, making the property belonging to the appellant a charge for the decree amount. The decree was transferred from Sub Court, Ernakulam, to Sub Court, Kottayam for execution. In the Execution Petition filed by the respondent decree holder, the properties of the appellant, consisting of two items of immovable property, were sought to be sold. Item 1 consists of 1.80 acres of land with a house therein. The extent of item 2 is 1 acre and 250 sq. links.

(3.) The property was sold on 31/07/1995. The decree amount due was shown as Rs.18,97,770.15 in the sale proclamation. At the auction sale, the decree holder purchased item 1 for Rs.5,40,000/- and item 2 for Rs.3,51,000/-. For the Court auction sale, no bidder other than the decree holder was present. Even after the sale of the property of the appellant, the decree debt is not realized. The records would reveal that permission was granted to the decree holder to bid at the auction.