S. Sankarasubban, J.

Both these cases are connected. Appellant in the appeal and the petitioner in the Civil Revision Petition is the same person. State Bank of Travancore filed O.S.No.129 of 1984 and obtained a decree for recovery of money. During the execution proceedings, the second defendant died and deceased defendant's legal heirs were impleaded. The decree schedule property consisting of 42 cents of land at Chettikkadu Muri was brought to sale. In the Court auction conducted on 3.10.2002, the petitioner was the auction purchaser for Rs.84,001/-. As provided under the auction notice, the petitioner remitted the entire amount in time and the matter was posted to 5.12.2002 for confirmation of the auction.

2. On 3.12.2002, beyond the time limit of 60 days from the date of the sale, the first respondent, who is the fifth judgment debtor deposited an amount of Rs.4,205/-being 5% of the purchase price. The purchaser filed E.A.No.510 of 2002 under O.XXI R.89 of the Code of Civil Procedure to set aside the sale in favour of the petitioner. In E.A.No.510 of 2002, the date of sale was mentioned as 4.10.2002, instead of 3.10.2002. To the above application, the petitioner filed