This revision presents an occasion to deal with certain important aspects of 16 Rule 89 of Order XXI of the Code of Civil Procedure, 1908 (C.P.C).

2. The facts that gave rise to the filling of this revision are: .

3. The 1st respondent filed O.S.No.74 of 1992 in the Court of the Junior Civil Judge, Parchur, against. respondents 2 to 5, for recovery for foreclosure of a mortgage, covering a sum of, Rs. 7,930/-. A preliminary decree was passed on 28.03.1997. Since that was not complied with, the Executing Court passed a final decree on 29.06.1999, at the instance of the 1st respondent. Both the items of mortgaged property were proceeded against. The first item was sold on 01.07.2008. The pt respondent participated in the auction by seeking permission under Rule 72 of Order XXI C.P.C, and he emerged as the highest bidder. No challenge is made to that sale. The second item of the E.P. schedule was brought to sale on 06.03.2009. Here again, the pt respondent participated in the auction and emerged as the highest bidder.

4. The petitioner filed E.ANo.54 of 2007 under Rule 58 of Order XXI C.P.C, stating that Item No.2 of the E.P. Schedule property was purchased by her father under an ag