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2004 Supreme(Mad) 631

A.R.RAMALINGAM
Pannerselvam – Appellant
Versus
Muthukrishna Naidu – Respondent


Advocates:
P.Valliappan, for M/s.Sarvabhauman Associates, for Petitioner.
R.Balasubramaniam, for Respondent.

ORDER: This revision petition has been filed by the aggrieved petitioner/Auction Purchaser namely one Pannerselvam against the fair and decretal order passed by the Subordinate Judge Kallakurichi on 31.8.2000 in C.M.A.No.11 of 1997 confirming the fair and decretal order of the Principal District Munsif Court of Kallakurichi in E.A.No.309 of 1988 in E.P.No.483 of 1987 in O.S.No.309 of 1988.

2. The said E.A.No.309 of 1988 appears to have been filed by the Judgment Debtor Muthukrishna Naidu to set aside the Court auction sale held on 10.2.1988 on various grounds, by invoking Sec.47, read with Secs.94 and 151 of the Civil Procedure Code and the same has been allowed by the Principal District Munsif, Kallakurichi.

3. Aggrieved against the said order of the Principal District Munsif, the auction purchaser preferred C.M.A.No.11 of 1997 and the Sub Judge, Kallakurichi, while discussing the points in the judgment of the trial Court, observed that the provision of law under Sec.47 read with Secs.94 and 151, Civil Procedure Code cannot be invoked by the judgment-debtor for setting aside the sale and in as much as the District Munsif has set aside the sale under the said provision, the aggrieved










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