CANARA BANK Vs. G.K. SUBRAMANIAM

JUDGEMENT

(1.) The decree holder in E.P.No.4 of 2007 is the Civil Revision Petitioner before this Court, challenging the order passed in E.A.No.30 of 2008 in E.P.No.4 of 2007 in O.S.No.7 of 2002, dated 02.08.2011, on the file of the learned Additional District Court (Fast Track Court No. II), Gobichettipalayami.

(2.) The petitioner is the Canara Bank, Ghetticheviyur Branch representing by its Branch Manager. It is the case of the petitioner that the Bank has filed the Civil Suit against the respondents/defendants for recovery of amount of Rs.6,22,074.00 with cost and interest at the rate of 16.25% per annum and the preliminary decree was passed on 24.07.2002 and final decree was passed on 30.07.2004. But, the respondents/defendants have not filed any appeal against the judgment and decree passed in O.S.No.7 of 2002. After the decree, the petitioner has filed the Execution Petition in E.P.No.4 of 2007 before the learned Additional District Judge (Fast Track Court-II), Gobichettipalayam for executing the decree and later the property belongs to the judgment debtor was attached along to the respondents/defendants and the same was public auctioned. Thereafter, the petitioner/bank has filed a petition in E.A.No.30 of 2008 for setting aside the auction sale held on 13.11.2008, filed under Order 21, Rule 90 and Sec. 151 of C.P.C.

(3.) In the petition, the petitioner/bank has alleged that the bank has filed the Execution Petition for sale to execute the decree passed in O.S.No.7 of 2002, against the 1st respondent. Pursuant to that, the Court viz., the Additional District Judge, Fast Track Court-II, also brought the property for public auction sale and accordingly, the 2nd respondent is the highest bidder and taken the property in Item Nos.1 and 2 of the petition mentioned property at Rs.2,13,500.00 and Rs.50,400.00 respectively.