K M BALASUBRAMANIAM Vs. C LOGANATHAN

JUDGEMENT

(1.) C.R.P.No.3185 of 2017 has been filed to set aside the fair and decretal order dated 04.07.2017 passed in E.A.No.366 of 2016 in E.P.No.292 of 2006 in O.S.No.656 of 2002 by the learned First Additional Sub-Court, Erode.

(2.) The brief of facts of the case are as follows:

(3.) The learned counsel for the petitioner submitted that the value of the suit property, at the time of auction would fetch more than Rs.1 Crore, the respondents 1 and 2 have colluded together and purchased the aforesaid property through auction for a meagre sum of Rs.4,00,500/-. Therefore, the petitioner filed instant application in E.A.No.366 of 2016 in E.P.No.292 of 2006 to deposit the entire decree amount, subsequent interest and costs of the suit proceedings including poundage charges to the first respondent i.e., Rs.2,43,445/- and record the full satisfaction of the decree.