LAWS(KER)-2018-3-790

CHANDRAMATHI Vs. T.C. SATHESH

Decided On March 09, 2018
CHANDRAMATHI Appellant
V/S
T.C. Sathesh Respondents

JUDGEMENT

(1.) The prayers in this Original Petition (Civil) filed under the enabling provisions of Article 227 of the Constitution of India are as follows :

(2.) Heard Sri.P.Aby Thomas, learned counsel appearing for the petitioner/judgment debtor and Sri.Sunil Cyriac, learned counsel appearing for the respondent/decree holder.

(3.) The petitioner is the judgment debtor in E.P. No.121/2011 in O.S. No.270/2009 before Sub Court, Pala. The respondent is the decree holder/plaintiff in the Suit filed for realisation of the advanced amount paid in connection with the agreement for sale of the property. It is submitted that a compromise decree was passed for payment of Rs. 4,35,000/-. But, the petitioner could repay the amount in time, but it is contended that substantial payment has been made and hence the respondent filed the execution petition. In execution of the decree, 15 cents of property of the petitioner was put for auction and the respondent purchased the property. The petitioner then filed E.A. No.137/2015 for setting aside the same on the ground of irregularity in the sale. But the execution court dismissed E.A. No.137/2015, as per order dated 20.07.2016 on the ground that the petitioner has adduced any evidence. Challenging the order dated 20.07.2016 the petitioner has preferred OP(C) No.2533/2016 before this Court and this Court allowed the OP(C) by judgment dated 30.01.2017, whereby the matter was remitted to the court below and EA No.137/2015 has been ordered to be restored and the execution court was directed to pass fresh orders after giving an opportunity to the petitioner to adduce evidence.