JUDGMENT

Dated : 30th July, 2021

1. Petitioner is the decree-holder in E.P.73 of 2007 in O.S.153 of 2002 of Sub Court, Attingal. This original petition has been filed against the order in E.A.229 of 2011 in the above stated E.P. dated 7.1.2016 by which petition filed under Sec.47 of the Code of Civil Procedure, 1908 , to set aside the sale was allowed.

2. O.S.153 of 2002 is a Suit for money. As per the decree in O.S.153 of 2002 copy of which is produced as Ext.P1, the petitioner/Decree Holder/plaintiff was allowed to realise an amount of Rs.1,25,220/- with interest on the original amount of Rs.1,20,000/- at the rate of 6% per annum charging the decree schedule properties. The Suit was filed after the death of the debtor against the legal representatives who are his mother, wife and children. Against Ext.P1 decree, appeal was preferred as A.S.16 of 2011 by the respondent herein, the 3rd judgment-debtor and 5th judgment-debtor(her minor brother) in the E.P. and copy of the appeal memorandum is marked as Ext.P2. In the appeal the challenge was that item No.2 in the decree schedule property is not liable to be proceeded for the debt of the original defendant as it is not a property inhe