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1974 Supreme(Mad) 187

MAHARAJAN
K. Krishnaswami Gounder – Appellant
Versus
Palani Gounder – Respondent


Advocates appeared:
S. Nainar Sundaram and V. Nicholas, for Appellant; R. Mohan for S. Ramalingam, for Respondent.

JUDGMENT :- This is an appeal preferred by the third judgment debtor in E. P. 115 of 1971 against the order of the learned Subordinate Judge of Coimbatore, dismissing his application under Order 21, Rule 90 and Section 151, Civil P. C. to set aside a judicial sale held in E. P. 115 of 1971 on 10-11-1971. The appellant, who appears to be a veteran litigant, has been keeping the decree holder at bay at every stage by raising all conceivable technical objections. The appellant, who was examined as P. W. 1, admitted that he came to court two days before the sale and learnt that his properties were being brought to sale. In fact even before the present execution petition was filed, the decree-holder filed two execution petitions, E. Ps. 336 of 1968 and 246 of 1969, both for sale of the properties. While those E. Ps. for sale were pending, the appellant applied for adjournment of sale on the ground that he had preferred an appeal in the High Court against the decree passed in the suit and the sale should be adjourned since the appeal was pending.

2. The first objection of the appellant is that there has been no sale proclamation effected at all. But it is found that P. W. 1, the appellant








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