judgment

Tarun Chatterjee, J. —

1.Leave granted.

2.The Bank of Travancore instituted a mortgage suit against the appellant which was dismissed by the trial court, but on appeal, the appellate court had set aside the judgment of the trial court and passed a preliminary decree. The preliminary decree, subsequently, was made final. In pursuance of the final decree, the Bank of Travancore filed an execution petition praying for an order to bring the mortgaged property to sale. By a court auction dated 29th of August, 2003, the property of the judgment debtor-appellant which was mortgaged with the Bank was sold for a sum of Rs.3,20,300/- in which the respondent No.2 was a successful bidder. The execution petition was thereafter posted on 29th of October, 2003 for passing an order confirming the sale. An application for setting aside the auction sale was filed by the appellant on 13th of September, 2003 in which the appellant prayed for setting aside the auction sale of the decretal premises and to decide the lawful amount that was required to be paid by the appellant to the Bank. The learned Subordinate Judge, Padmana-bhapuram, however, dismissed the said application for setting aside the