O R D E R

The revision petitioner is the claim petitioner in EA No.79 of 2020 in EP No.36 of 2018 in OS No.299 of 2016 of the Munsiff's Court, Kattappana. The facts that led to the filing of the claim petition are as under;

The second respondent had availed a loan from the petitioner, a Co-operative Bank, by mortgaging his property admeasuing 8.50 cents as security. Even though the second respondent defaulted repayment of the borrowed amount, the petitioner was not able to initiate recovery proceedings by reason of the moratorium declared by the Government from 12/10/2018 to 31/03/2020. While so, the petitioner got information that the property mortgaged by the second respondent was sold on 11/07/2019 in execution of the decree passed in OS No.299 of 2016 filed by the first respondent. Thereupon, the petitioner filed the claim petition EA No.79 of 2020 under Section 47 of the Code of Civil Procedure, seeking to set aside the sale and its confirmation.

2. The Execution Court dismissed the claim petition as not maintainable, the petitioner not being a party to the suit.

Aggrieved, this revision petition is filed.

3. Learned Counsel for the petitioner contended that, in so far as the prope