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1964 Supreme(Mad) 439

VENKATADRI
A. P. Ismail Rowther – Appellant
Versus
Mynoon Bivi – Respondent


Advocates:
S. Rajarama Iyer, for Petitioner, S.V. Rama Iyengar, for Respondents.

ORDER : This revision petition arises out of execution proceedings in O. S. 105 of 1950. The learned District Judge refused to set aside the sale of the attached properties in the above execution proceedings, thereby reversing the order of the District Munsif, setting aside the sale on grounds of material irregularity and fraud in the conduct of the sale. The brief facts necessary for the disposal of this petition are as follows :

2. The petitioner herein is a third party decree-holder. He had obtained decrees in O. S. 162 of 1960, in S. C. No. 172 of 1951 and in S. C. 455 of 1955 against one Pakkiri Moideen Rowther. The second respondent is another rival decree-holder in O. S. 105 of 1950 on the file of the District Munsif Court, Tirunelveli, against the said Pakkiri Moidden Rowther. The petitioner filed execution petitions in the above said three suits, but he did not pursue the execution proceedings, as he did not comply with the orders of court. While so, the decree-holder in O. S. 105 of 1950, Rangaswami Naidu, filed E. P. 334 of 1961 out of which this revision petition has arisen, and brought items 1 to 23 for sale after attachment not only of the said items but also several o















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