D.Y.CHANDRACHUD, M.R.SHAH
Unnikrishnan – Appellant
Versus
Prabhavathi Etc. Etc. – Respondent
ORDER
1. Leave granted.
2. A suit for the recovery of money was filed by Arumugham, the predecessor of the first respondent against T.B.Babu, his son-in-law in the Court of the Principal Sub-Judge, Thrissur, Kerala, OS No 359 of 1999. The suit was decreed on 31 July 2006 in the following terms:
"In the result, the suit is decreed with cost. Plaintiff is entitled to realise Rs.5,15,726/- with 12% interest for the principal amount of Rs.4,47,420/- from the date of the suit till the date of decree and thereafter at the rate of 6% till the realisation of the amount with cost from the defendant and his assets."
3. The decree holder(s) filed execution proceedings. In the course of execution proceedings the immovable property which forms the subject matter of the dispute was attached on 13 November 2006. A sale proclamation was issued. The property was sold in execution on 27 January 2010. The property was purchased on 10 April 2006 by a registered deed of sale by the decree holder. An application was filed to set aside the sale under Order XXI Rule 90 of the Code of Civil Procedure 1908. Other claim petitions were filed under Order XXI Rules 58 and 97. The Executing Court dismissed all t
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