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1982 Supreme(Mad) 297

S.MOHAN
Ayappa Naicker – Appellant
Versus
Subbammal – Respondent


ORDER

S. Mohan, J.

1. The short fact leading to these two civil revision petitions is that O.S. No 417 of 1971 was filed by one Subbammal, the respondent in C.R.P. No. 2974 of 1981 on the foot of a promissory note. On 24th September 1971, it resulted, in an ex-parte decree for a sum of Rs 1,300. On 13th July, 1972 E. P. No. 348 of 1972 was filed and on 21st February 1973, a sale of an extent of 82 cents with the well took place. The second respondent in C.R.P. No. 2975 of 1981 was the Court-auction-purchaser. Thereafter on 19th March 1973, the judgment-debtor filed an application under Order 21, Rule 90, Civil Procedure Code to set aside the sale in E. A. No. 574 of 1973. In the meanwhile, the judgment-debtor's son claiming half-share in this property which was the subject matter of sale, filed O.S. No. 670 of 1973. That suit was dismissed. Against that, A.S. No. 179 of 1974 was filed which was allowed. Ultimately the matter came up to this Court S.A. No. 922 of 1978. That was allowed on 21st June, 1971. What had happened during the interregnum was that on 23rd December, 1978 the application in E. A, No. 574 of 1973 was dismissed and the sale was confirmed on 7th July, 1979. E. A. No

















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