This civil miscellaneous appeal, under Order 43 Rule 1 of the Code of Civil Procedure, is directed against an order and decree made in E.A. No. 609 of 2002 in E.P. No. 51 of 1997 in O.S. No. 87 of 1990, dated 6.7.2005, on the file of learned Principal Senior Civil Judge, Nellore, whereunder the petition filed under Sections 94(e), 51 and Order 21 Rule 90 CPC, by the judgment-debtor against decree-holder/ auction purchaser, praying to set aside the sale held on 4.10.2002 in respect of the E.P. Schedule property, was allowed setting aside the sale held on 4.10.2001.

2. Appellant is the auction purchaser and 2nd respondent in E.A. No. 609 of 2002. 1st respondent is the judgment-debtor and 2nd respondent is the decree-holder.

3. It appears, 1st respondent herein laid suit in O.S. No. 87 of 1990 for recovery of money. The said suit was decreed. When the judgment-debtor did not comply with the decree, decree-holder filed E.P. No. 51 of 1997 for attachment and sale of petition schedule property. Initially, it appears, Court Amin had fixed the value of the petition schedule property at Rs.20.00 lakhs. Subsequently, the decree-holder filed E.A. No. 498 of 2002 seeking reduction of