The appellant is the Judgment Debtor in O.S.No.5 of 2002 and respondent in E.P.No.15 of 2004. He filed a petition in E.A.No.23 of 2005, to set aside the sale held on 26.10.2005, in respect of the suit schedule property and to declare the sale as null and void. By the order, dated 25.09.2009, the said application was dismissed by the learned Additional District and Sessions Judge (Fast Track Court No.I), Trichy. Against the said order, the present appeal is filed.

2. The first respondent is the Decree Holder/Petitioner in the E.P. The second respondent is the third party auction purchaser.

3. The case of the Appellant:

(i) The first respondent filed a suit in O.S.No.5 of 2002 on the file of Additional District and Sessions Court (Fast Track Court No.I), Trichy, for recovery of money based on the mortgage. By consent, a preliminary decree was passed and a final decree was passed on 23.12.2003, in I.A.No.67 of 2003. The first respondent filed E.P.No.15 of 2004. The appellant filed various applications in the E.P., at various stages. All the applications were dismissed after contest. The suit property was sold by public auction on 26.10.2005. The appellant filed E.A.No.23 of