ORDER :

1. Leave granted.

2. Pursuant to a final decree dated 3rd January, 2007, the defendant was directed to pay a sum of Rs.5,37,268/-. If any such payment is made, the decree further went on to state that the mortgaged property or a sufficient part thereof shall be directed to be sold. Since, within the time stipulated, no such payment was made, by an order dated 15th February, 2008 a sale was directed of the mortgaged property. This took place on 18th November, 2011 in a Court auction, in which the appellant was the highest bidder at Rs.5,02,000/-. An application under Order XXI Rule 89 C.P.C. was filed on 23rd January, 2012 by the judgment-debtor in which it was stated that the sum of Rs.7,00,000/-covering the entire amount had been paid directly to the creditor on 21st December, 2011. On these facts, the learned Subordinate Judge, Srivilliputtur, by an order dated 18th November, 2014, dismissed the aforesaid application stating:-

“Point:7) Admittedly in execution petition NO.83/2008, the property was brought for sale and in the court auction dated 18.11.11, the present 2nd respondent has become a successful bidder and she has purchased the property for Rs.5,02,000/-and even on