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1979 Supreme(Mad) 246

RAMAPRASADA RAO, RAMANUJAM, VARADARAJAN
A. P. V. Rajendran – Appellant
Versus
S. A. Sundararajan – Respondent


Advocates:
R. Thiagarajan, for Appellant; K. Venkataswami, K. Mohanram, N.S. Varadachari, P. Pattabhiraman and T.V. Ramanujam, for Respondents.

Judgement

RAMANUJAM, J. :- The appellant, who is the same in all these appeals, is a decree-holder in O.S. No. 328 of 1971 on the file of the Sub Court, Madurai. He obtained a decree in the said suit on 22-10-1971, Even before the passing of the decree he had attached the property of the respondent judgement-debtor in I.A. No. 597 of 1971 before judgement. The said attachment was made absolute on the date of the decree. The appellant thereafter filed E. P. 222 of 1972 for the sale of the attached property to realise the decree amount. On 5-2-1973 and 17-3-1973, the respondent has paid in all a sum of Rs. 6,000. For the balance of the decree amount lot No. I of the attached property was actually sold, on 28-1-1974, for a sum of Rs. 40,000, to the decree-holder and the second lot was not sold for want of bidders. The sale of lot No. I was confirmed by the court on 2-3-1974 and full satisfaction of the decree has also been recorded.

2. Subsequently the appellant filed a petition in E.A. 600 of 1974, in E.P. 222 of 1972, for setting aside the sale of lot No. 1 held on 8-1-1974, under Section 47 C.P. Code on the ground that there were several irregularities in the settlement of the sale p































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