JUDGMENT :

P.G. AJITHKUMAR, J.

1. This is an appeal filed under Order XLIII, Rule 1(j) of the Code of Civil Procedure, 1908.

2. In O.S. No. 379 of 1997 on the file of the II Additional Sub Court, Thrissur, a decree enabling the 1st respondent to realise a sum of Rs. 2,77,359/- was passed. In execution of that decree, immovable property belonging to the appellant was brought on sale. The property was sold for an amount of Rs. 4,25,000/-. The appellant filed E.A. No. 242 of 2009 in the execution petition, E.P. No. 278 of 2002, invoking Sections 47, 151 and Order XXI, Rules 58, 90 and 97 of the Code with a prayer to set aside the sale. The application was dismissed on 31.07.2009. Challenging the said order the appellant has filed the appeal.

3. Heard the learned counsel appearing for the appellant and also the learned counsel appearing for the 4th respondent. Other respondents did not turn up.

4. The 2nd respondent availed a loan from the 1st respondent for the purchase of a minibus. The 3rd respondent is the mother of the appellant and they were the sureties. Their property was mortgaged as security for the loan. The decree passed in the suit was put in execution and the property of the a