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2000 Supreme(Mad) 396

P.SATHASIVAM
A. Parvatham – Appellant
Versus
Bank of Baroda and Others – Respondent


Appearing Advocates:V. K. Muthusamy, Sr. Counsel For K. Mohanram, R. Subramaniam, (For No. 1), R. Sekar, (For No. 2), Advocates.

Judgment :-

The Judgment was delivered by :

Judgment-debtor in O. S. No. 336 of 1989 on the file of Subordinate Judge, Tiruppur, against the dismissal of her petition E. A. No. 4 of 1998 filed by her under Order 21, Rule 90 read with Section 47, C.P.C., to set aside the Court auction sale held on 16-7-1997, has filed the present appeal before this Court.

2. The first respondent herein Bank of Baroda obtained a mortgage decree against the appellant herein in O. S. No. 336/89 on the file of the Subordinate Judge, Tiruppur and brought the suit properties for Court auction sale in E. P. No. 14/93 and in the Court auction held on 16-7-97, the 2nd respondent herein has purchased the properties for Rs. 14,79,000/-. According to the appellant herein, the value of the properties is around Rs. One Crore and even in 1993 the Amin's value itself was Rs. 60 Lakhs and the property had been sold for a very low value due to incorrect description of the properties in the sale proclamation and for want of proper publicity about the sale and due to material irregularities and fraud in publishing and conducting the sale, she filed E. A. No. 4/98 to set aside the sale. It was her case that the suit prope
















































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