J U D G M E N T

Shoba Annamma Eapen, J:

The appellant is the judgment debtor/defendant in E.P.No.251/2008 in O.S.No.27/2007 on the file of the Sub-

Court Kozhikode.

2. The legal battle started in the year 2007. The suit was filed for recovery of money. The suit was decreed allowing the plaintiff to realize an amount of Rs.2,99,395/- together with interest at the rate of 6% per annum for the principal amount of Rs.2,75,000/- from the date of decree till realization from the defendant and his assets.

3. The above appeal is filed by the petitioner/

judgment debtor/defendant against the order dated 09.01.2014 in E.A.No.1013/2013 in E.P.No.251/2008, arising from the judgment and decree dated 07.11.2007 in O.S.No.27/2007 of the Sub Court,Kozhikode. For convenience, the parties are hereinafter referred to according to their status in the suit, unless otherwise stated. The above E.A was filed seeking to set aside the auction conducted on 23.07.2013 of the plaint schedule properties.

For execution of the decree, the plaintiff filed E.P.No.251/2008 before the Sub Court, Kozhikode. For realization of the decree amount, the plaint schedule properties were put for sale and the upset price was fixed a