REGI GEORGE Vs. K K BHASKARAN NAIR

JUDGEMENT

(1.) This appeal arises from an order passed by the Subordinate Judge's Court, Muvattupuzha on an application filed under O.21 R.90 of the Code of Civil Procedure. The appellant before us is the auction purchaser who was the third respondent in the above application.

(2.) The application, E. A. No. 119of 1995 was filed by a third party seeking to set aside the auction sale conducted on 7.6.1995 in execution of the decree in O.S. No. 590 of 1986. The second respondent is the decree holder and the third respondent is the judgment debtor. The decree holder filed E.P.No. 173 of 1992 seeking to execute the decree for the realisation of Rs. 65,274/- with interest at 13%. In the execution immovable properties comprised in survey numbers 290/2B, 290/28/3/10,290/2B4-11 and 293/7 having a total extent of 74 cents were attached. Those properties were put to auction sale as per the orders of the court. In the auction the appellant offered Rs. 3,52,000/- and she was declared to be the purchaser. She deposited one - fourth of the bid amount on 7.6.1995 and the balance on 20.6.1995, within the time allowed by the Court. However, the first respondent alleged that there was fraud in publishing and conducting the sale. Ultimately, after the enquiry the said application was allowed by the court below and accordingly set aside the auction sale held on 7.6.1995.

(3.) The Court below found that the first respondent had obtained a decree against the judgment debtor in O.S. No. 180/91 and in execution in E.R No. 173/72 the very same property was attached and hence he was entitled to have rateable distribution of the same proceeds of the property. It was further found that there was no proper publication of notice regarding auction and thus the sale was vitiated for material irregularity. The evidence would sufficiently reveal that the property would fetch not less than Rs. 7,00,000/- but it was sold for Rs. 3,52,000/-. the first respondent in the evidence tendered by him as PW. 1 expressed his readiness to purchase the auction property at a price above Rs. 6 lakhs.