J U D G M E N T

The original petition is filed to set aside Ext P4 order dated 26.08.2020 passed in E.A.No.85/2020 in E.P.No.49/2018 by the Court of the Subordinate Judge, Chavakkad. The petitioner is the judgment debtor and the respondent is the decree holder in the execution petition.

2. The skeletal facts leading to Ext P4 order are: (i) The respondent had filed the suit for recovery of an amount of Rs.20,00,000/-. The suit was decreed and the respondent laid the decree to execution through E.P.No.49/2018.

(ii) The petitioner filed an objection to the execution petition, inter alia, contending that the decree is not executable as the sale proclamation notice was not served on the petitioner.

(iii)The property was sold without taking steps under Order 21 Rule 66 of the Code of Civil Procedure , 1908,(in short, 'Code'). Hence, the entire proceedings leading to the sale are vitiated.

(iv) The petitioner has not got a fair opportunity to contest the execution petition on its merits. As there were numerous procedural irregularities, the petitioner filed E.A.No.85/2020, to set aside the sale. The court below, by the impugned Ext P4 order, has dismissed the application.

(v) Ext P4 is illega