AMMINI Vs. K V VIBEESH AND OTHERS

JUDGEMENT

(1.) Appellant who is the Additional Second judgment debtor in E.P.No.174/2014 in O.S.No.37/2010 challenges the order of the Additional Sub-Court, North Paravur, dismissing E.A.No. 454/2016 filed by her under Order XXI, Rule 90 of the Code of Civil Procedure, 1908 (herein after referred to as "the Code"), for setting aside the sale conducted on 20.07.2015 which was later confirmed by the court in favour of the first respondent, the auction purchaser.

(2.) Appellant is the widow of one Mylan. Respondents 3 to 5 are the children of Mylan. The 2nd respondent instituted against Mylan, O.S.No.37/2010 before the Additional Sub-Court, North Paravur and obtained a decree for money on compromise on 11.02.2012. Mylan, the sole defendant in the suit later died on 28.11.2013. Alleging that a sum of Rs.95,437/- was outstanding, 2nd respondent decree holder filed E.P against the appellant and respondents 3 to 5 for realization of money by sale of their property measuring four cents of land comprised in Sy.No.417/4 of Chengamanad village which was formerly owned by deceased Mylan. It was sold in execution of compromise decree on 20.07.2015 in court auction in favour of the 1st respondent.

(3.) Appellant challenged the sale dated 20.07.2015 as illegal and sought it to be set aside for various reasons by filing E.A.No. 454/2016, which the contesting respondents 1 and 2 seriously opposed. The court below after holding necessary inquiry and hearing the parties dismissed E.A.No. 454/2016 by impugned order dated 09.11.2018.