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2008 Supreme(Ker) 351

M.SASIDHARAN NAMBIAR
Saju George – Appellant
Versus
Thomas – Respondent


Advocates Appeared:For the Petitioner:K.C. Charles, Advocate. For the Respondents:R1, P.P. Jacob, Caveator, R3, George Varghese Narayanparambil, Advocate.

Judgment :

Whether a transferee of a judgment debtor subsequent to the decree is a representative of the judgment debtor and whether he is entitled to challenge the court auction sale in execution of the decree, under section 47 of Code of the Code of Civil Procedure. When the mortgagee decree holder bid the property in court auction sale, if the court failed to fix reserve price as provided under sub rule (2) of Rule 72A of Order XX1 of Code of Civil Procedure, whether the sale is void. If the judgment debtor files an application under Rule 90 of Order XX1 of Code of Civil Procedure to set aside the sale, whether judgment debtor himself or his representative is entitled to file a petition to set aside the sale under section 47 of Code of Civil Procedure. These are the interesting questions to be decided in these revision petitions.

2. First respondent mortgagee instituted O.S.68/1986 a suit on mortgage before Sub Court, Ernakulam against second respondent mortgagor for realisation of Rs.76000/- with interest by sale of the mortgaged property having an extent of 73 cents. A decree was granted in his favour. E.P.No.353/1988 was filed for execution of the decree by sale of the mortgag



































































































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