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1981 Supreme(Ker) 86

K.BASKARAN
Mallika – Appellant
Versus
Karunakaran – Respondent


Judgment :-

1. The short facts of the case as could be gathered from the statement of facts contained in the memorandum of the civil revision petition are as follows: The property in question was purchased in court auction on 30-3-1968 by the Ist respondent (the assignee-decree holder-auction purchaser in the E. A. No. 146 of 1969, in E.P No. 158 of 1964, in O.S. No. 55) of 1958 on the file of the Munsiff of Ernakulam) After the confirmation of the sale on 9-7-1968 and the issue of the sale sannad, the auction purchaser filed E.A. No. 1509 of 1968 for delivery of the sannad property before the Munsiff of Ernakulam. On receipt of notice of the application respondents 3 to 6 herein, who are judgment-debtors 2. 3, 4 and 6, filed E. A. No. 149 of 1969 challenging the validity of the sale. That petition was allowed, and the sale set aside by the Court on 6-2-1970 holding that the sale was ab initio void for want of notice of sale proclamation. The auction purchaser took up the matter in appeal in A. S. No 123 of 1970 before the District Court, Ernakulam, which was later on transferred to the Sub Court. Ernakulam, where it was renumbered as A. S No. 294 of 1972. The appellate court allow



















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