S. SAMBAVI Vs. BALASUNDARAM

JUDGEMENT

(1.) The issue involved in both the Civil Revision Petitions are common and hence they are taken up together, heard and disposed of through this common order.

(2.) The decree holder is the petitioner in C.R.P.No.3062 of 2008 and the Auction Purchaser is the petitioner in C.R.P.No.3063 of 2008. Both have challenged the fair and final order passed by the Court below in E.A.No.5437 of 2007 allowing the application filed by the judgment debtor under Order XXI Rule 89 of C.P.C. for setting aside the sale on deposit of the decree amount and 5% of the purchase money paid by the auction purchaser.

(3.) The brief facts of the case is that the petitioner in C.R.P.No.3062 of 2008 filed a suit for recovery of a sum of Rs.70,400.00 against the judgment debtor along with further interest on the principal amount. This suit in O.S.No.7146 of 2000 came to be decreed by Judgment and Decree dtd. 16/4/2001. Since the Decree was not complied with by the judgment debtor, the decree holder filed E.P.No.978 of 2002 to recover the amount by bringing the property of the judgment debtor for sale.