HIGH COURT OF KERALA
MARKOSE @ BAIJU – Appellant
Versus
KMLM CHITS INDIA LTD., – Respondent
JUDGMENT
Ajithkumar, J.
The judgment debtors are the appellants. The respondent-
decree holder filed E.P.No.30 of 2016 for executing the decree for realization of money in O.S.No.68 of 2014 on the file of the Sub Court, Muvattupuzha. In execution the property belonging to the appellants was sold in auction on 26.02.2021. The respondent bid the property. Execution application, E.A.No.53 of 2021 filed by the appellants under Order XXI, Rule 90 of the Code of Civil Procedure, 1908 was dismissed as per the order dated 02.07.2021 which is under challenge in this appeal.
2. Heard the learned counsel for the appellants and the learned counsel for the respondent.
3. The appellants raised two grounds essentially; the respondent-decree holder bid the property for which the court granted permission under Order XXI, Rule 72 of the Code, but without serving a copy of the application on the appellants and, the auction price was much less than the market value of the property. The learned counsel appearing for the appellants explained further that a low upset price was fixed without taking into account the valuation of the property made by the Tahsildar or market value. The sale was made without taki
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