Kerala High Court
Krishnan Nair Ammalu Amma vs Kunchi Amma Meenakshi Amma And Ors. on 20 October, 1965
Equivalent citations: AIR1967KER86, 1966 KER LJ 44, AIR 1967 KERALA 86, 1966 KER LT 160 1966 KER LJ 44
JUDGMENT P.T. Raman Nayar, J.
1. A dispute between the decree-holder auction-purchaser and his assign as to who is entitled to withdraw the money deposited by the judgment-debtor for having the sale set aside (the sale having been accordingly set aside) docs not relate to the execution, discharge or satisfaction of the decree. No appeal therefore lay against the order of the executing court allowing the assignee to withdraw the amount any more than an appeal lies from an 'adjudication under Order XXI Rule 16 of the Code, much less does this second appeal.
2. I dismiss this appeal.