(1.) THIS civil miscellaneous appeal is directed against the Order dated 5.10.2010 and made in E.A. No. 171 of 2010 in E.P. No. 2 of 2004 in O.S. No. 49 of 1997, on the file of the learned District Judge, Kanyakumari at Nagercoil.
(2.) THE facts, which giving rise to the memorandum of civil miscellaneous appeal may be summarised as under: THE appellants 1 and 2 are the defendants, whereas the respondent herein is the plaintiff in the suit in O.S. No. 49 of 1997 on the file of the learned Subordinate Judge, Kuzhithurai.
(3.) DURING the pendency of execution proceedings, the appellants were trying to trammel the execution proceedings by filing various revision petitions before the High Court. After breaking all the hurdles, the respondent had sought permission of the executing Court to bid in the auction as there were no bidders. Accordingly, the respondent was permitted to bid the Court auction on 24.4.2009, in pursuant to the order passed in E. A. No. 58 of 2007 under Order 21 Rule 72 of the Code of Civil Procedure.