ORDER

Delay condoned.

2. This special leave petition has been filed against the judgment of the High Court of Madras, made on May 7, 1996 in CRP No. 46/96. Admittedly, the petitioner s mother had filed an application under Order XXI, Rule 64, CPC to set aside the execution of sale of two items of properties. The petition ultimately came to be dismissed and became final. After her demise, the petitioner filed application under Section 47 of the CPC contending that the property could not be brought to sale for several reasons. In the High Court, one of the grounds raised was that the properties were sold for a grossly inadequate price and sale of both the properties was excessive execution. It was stated that the decree was only for a sum of Rs. 10,000/- while two properties valuing Rs. 40,000/- and another Rs. 1,00,000/- have been brought to sale and, therefore, they are in excess of the decree in execution. The High Court has negatived the contention on the ground that since the title of the petitioner had been negatived on earlier occasion and had become final, it could not be gone into for the third occasion. Even though the petitioner had one-sixth share, as contended, in view of