TARJA FABS Vs. CATHOLYIC SYRIAN BANK LTD

JUDGEMENT

(1.) This Civil Revision Petition has been filed praying to set aside the Order dated 10.12.2015 passed in .A.No.197/2005 in E.P.No.27 of 2002 in O.S.No.57 of 1997 by the Principal Sub-Court, Tiruppur.

(2.) The petitioners were the defendants 1, 2 & 4/judgment debtors 1, 2 & 4. The first respondent is the plaintiff/decree holder. The second and third respondents are the auction purchasers/third parties and the fourth respondent is the third defendant/judgment debtor No.3.

(3.) The petitioners had filed the petition under Order 21 Rule 90 C.P.C before the Executing Court in order to set aside the sale. Though the petition was filed under Order 21 Rule 90, the petitioners have not proved any irregularity in publishing the notice and conducting the Court auction sale. The only contention of the petitioners is that even before the confirmation of sale, he had paid the decree amount along with 5% equal to the purchase money and hence the sale should be set aside.