AYANCHERI SERVICE CO OP BANK Vs. MOIDEEN

JUDGEMENT

(1.) THE points arising for consideration in these revision petitions are identical and therefore these three petitions are jointly heard and disposed of by this common order.

(2.) IN execution of the award obtained by the petitioner-bank, the properties in dispute was sold in public auction. The petitioner-bank purchased them with the permission of the sale officer. The sale officer issued the sale certificate. Failure on the part of the judgment debtors to surrender possession of the properties resulted in the petitioner-bank filing execution applications from which these revisions arise, before the Munsiff of Payyoli, under O. 21 R. 35 and R. 95 C. P. C.

(3.) ACCORDING to the learned counsel for the judgment debtors, the only remedy that can be availed of by the decree-holder under such circumstances is to file a suit for recovery of possession and not to have resort to the provisions contained in Order XXI C. P. C. Dilating on this aspect the learned counsel argues that the moment the sale takes place and the sale proceeds are adjusted towards the decree, the decree stands satisfied and therefore thereafter there is nothing that could be done through the execution court.