HIGH COURT OF KERALA
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
SHAJI
– Appellant
Versus
VIDYARDHADAYINI SABHA – Respondent
JUDGMENT
P.G. Ajithkumar, J.
This is an appeal filed under Section 104 read with Order XLIII, Rule 1(j) of the Code of Civil Procedure, 1908 .
2. The appellant is aggrieved of the order dated
17.09.2018 in E.A.No.122 of 2017 in E.P.No.152 of 2014 in O.S.No.460 of 2007 on the files of the Additional Sub Court, Irinjalakuda. As per the said order, the petition filed by the appellant seeking to set aside sale of the property in E.P.No.152 of 2014 was dismissed.
3. There was a delay of 483 days in filing this appeal.
As per the order dated 21.06.2022 in C.M.Appl.No.1 of 2022, the delay was condoned.
4. Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent.
5. The appellant is judgment debtor No.7 in E.P.No.152 of 2014. O.S.No.460 of 2007 was decreed allowing the respondent to realise a sum of Rs.2,75,975/-, together with interest. In execution of that decree, the property in question was attached and brought on sale. Auction sale was held on 08.12.2016 and the respondent bid the property in auction. The sale certificate was issued on 26.11.2018. In the meantime, the appellant filed E.A.No.122 of 2017 invoking the provisions under Order XX
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