STANLY MATHEW Vs. P. KANAKARAJ

JUDGEMENT

(1.) The auction purchaser of certain item of property is the appellant in these cases, challenging the common order in EA No.277/2014 and EA No.357/2014 in EP No.3/2013 which arises from OS No.278/2008, by which the execution court had set aside the sale in his favour.

(2.) The petitioner in EA No.277/2014 claimed right over an extent of 1 Are and the building thereon, which was acquired as per sale deed No.223 dated 27/10/2011 from one R.Somanathan, who purchased the property in court auction, in OS No.245/2005 of Munsiff Court, Mavelikkara. According to him, the decreeholder in this case has no right to auction the property belonging to him and therefore the said property is to be excluded from the sale.

(3.) Ea No.357/2014 has been filed with respect to an extent of 0.93 Ares and building thereon, which was purchased by the petitioner in a Court auction in EP No.230/2006 in OS No.125/2005 of Sub Court, Mavelikkara. Pursuant to the sale becoming absolute, he filed EA No.266/2012 before the Execution Court in EP No.230/2006 for delivery of possession which was pending consideration.