Radhakrishnan,J.

This appeal arises one of the order raised in E.A.No.1145 of 1999 in E.P.No. 473 of 1998 in O.S.No.761 of 1996 on the file of the Sub Court, Thrissur.

2. Appellant herein was the petitioner in E.A.No. 1145 of 1999 which was filed under Order XXI Rule 90 of the Code of Civil Procedure. He is the decree holder in E.P.No.179 of 1998 in O.S.No.1892 of 1996 on the file of the Munsiff’s Court, Thirissur. In execution of the decree he filed E.P.No. 179 of 1998 before the Munsiff’s Court. Vadakkancherry. Decree schedule property was scheduled to be auctioned on 10.8.1999. Appellant however noticed that in order to defeat his interest, first respondent, who is the decree holder in O.S.No.761 of 1986 had filed E.P.No. 473 of 1998 bringing the schedule property to auction. Property was solid in auction in that case on 21.6.1999. Sale was got confirmed on 23.2.2000. Appeliant therefore wanted to set aside the sale in E.P.No.473 of 1998 and put the property in auction again so that he would be able to realize the amount. He also raised a contention that the bid amount be deposited and he may be allowed to realize the amount by rateable distribution. The court below fo