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1998 Supreme(Ker) 78

P.SHANMUGAM
Mohammed Khan – Appellant
Versus
Graceamma Philip – Respondent


Advocates:
P. N. Krishnankutty Achan (Sr.), K. Mohanakannan, for Petitioners; V. Giri (Caveator for Nos. 4 and 5), for Respondents.

ORDER :-

Revision petitioners are petitioners before the execution Court. They are the judgment-debtors in O.S. No. 103 of 1980. The decree-holders obtained attachment of properties mentioned in the petition and they were brought to sale on 2-1-1988 and sold on 20-1-1988. They have filed application under Section 47 of the Code of Civil Procedure to declare the sale conducted on 2-1-1988 as null and void. The learned Sub Judge after considering the application dismissed the same. The revision is against this order.

2. The facts leading to the filing of the above revision are as follows : O.S. No. 103 of 1980 was instituted by one Mathai Philip for recovery of a sum of Rs. 21,835/49. The suit was decreed on 14-8-1981. Six items of the properties which were attached before the judgment on 6-12-1980 during the pendency of the suit were brought to sale on 20-1-1988 for realisation of the decree amount. The sale was confirmed on 25-2-1988. The petitioners/judgment-debtors were the defendants in the suit. The 1st petitioner is the husband of the 2nd petitioner. They have not filed any objections while the attachment before the judgment was ordered on 6-12-1990 and though notices were serv

















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