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2006 Supreme(Mad) 3041

R.BANUMATHI
Annamalai – Appellant
Versus
Nagoorgani & Another – Respondent


Appearing Advocates:For the Petitioner:R. Mohan, Advocate. For the Respondents:P. Mani, Advocate.

Judgment :-

1. The short and important question arises in this Revision Petition viz., whether the time stipulated under Order 21, Rule 85, C.P.C. could be extended by the Court?

2. This Revision Petition is directed against the Order of the Subordinate Judge, Cheyyar, Tiruvannamalai District in E.A.No.178 of 2003 in E.P. No. 18 of 2002 in O.S. No. 146 of 1999, dated 27.1.2004 declining to extend the time stipulated under Order 21, Rules 84 & 85, C.P.C. Auction Purchaser is the Revision Petitioner.

3. Brief facts are as follows:

E.P. No. 18 of 2002 was filed by the Decree Holder to execute the money decree in O.S. No. 146 of 1999. In the Execution Proceedings, the immovable property was brought for sale. In the auction held on 3.11.2003, the Revision Petitioner became a successful bidder for a sum of Rs.2,01,000. He paid a sum of Rs.50,250 towards 1/4th sale amount as contemplated under Order 21, Rule 84, C.P.C. Balance 3/4th amount of Rs.1,54,810 has to be paid within a period of two weeks on or before 17.11.2003. But the Revision Petitioner has not paid the amount. He filed E.A. No. 173 of 2003 seeking for extension of 10 days time for payment of balance amount of Rs.1,54,810.

4. The

































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