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SANJAY KUMAR, ALOK ARADHE
G. R. Selvaraj (Dead), through LRs. – Appellant
Versus
K. J. Prakash Kumar – Respondent
JUDGMENT :
SANJAY KUMAR, J
1. By order dated 10.02.2009 passed in C.R.P. (NPD) No.2574 of 2007, a learned Judge of the High Court of Judicature at Madras invalidated the auction sale held on 12.09.2002 by the learned IXth Assistant Judge, City Civil Court, Chennai, in Execution Petition No. 199 of 1998 in Original Suit No. 9158 of 1995. Aggrieved thereby, the auction purchaser, G.R. Selvaraj, filed this appeal.
2. G.R. Selvaraj, the appellant, died during the pendency of this appeal and his legal representatives, being his widow, five sons and two daughters, were brought on record. At the risk of the appellant(s), the name of respondent No.4, Rasheeda Yasin, the decree holder, was deleted from the array of parties, vide order dated 20.11.2012. As she is not a necessary party anymore, her absence has no impact on this case.
3. O.S. No. 9158 of 1995 (earlier, C.S. No. 297 of 1995) was filed by Rasheeda Yasin, respondent No. 4, against Komala Ammal and her son, K.J. Prakash Kumar, for recovery of a sum of ?3,75,000/- along with interest and costs. It was her case that the defendants, along with late K. Jagannathan, the husband of the first defendant and father of the second defendant, joi
None.
The provided case law does not contain any language indicating it has been overruled, reversed, criticized, or otherwise treated as bad law.
The case appears to be a standalone statement of legal principles regarding the restitution of a judgment debtor and the execution of a decree, without any indication of subsequent negative treatment.
[Followed]
No explicit references or language in the case law list suggest that this case has been explicitly followed by subsequent rulings.
The case appears to be a general legal principle or guideline rather than a binding precedent that has been cited as authoritative.
[Distinguished or Cited]
There are no indications in the provided text that this case has been distinguished from other cases or specifically cited in later judgments.
[Legal principle or commentary]
The case seems to serve as a legal commentary or principle regarding the execution of decrees, emphasizing that the sale of entire immovable property is not meant to penalize but to confer relief, and cautioning against exploitation of judgment debtors.
The treatment of this case is not explicitly stated in the provided list.
Without references to subsequent case law or treatment, it is difficult to determine how this case has been treated in later judgments.
Therefore, it is categorized as uncertain, as there is no clear indication of its judicial treatment or subsequent validation or rejection.
**Source :** Ambati Narasayya VS M. Subba Rao - Supreme Court Takkaseela Pedda Subba Reddi VS Pujari Padmavathamma - Supreme Court Bhikchand S/o Dhondiram Mutha (Deceased) Through Lrs. VS Shamabai Dhanraj Gugale (Deceased) Through Lrs. - Supreme Court Desh Bandhu Gupta VS N. L. Anand And Rajinder Singh - Supreme Court
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