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1997 Supreme(Mad) 235

S.S.SUBRAMANI
Sudhir V. Joshi – Appellant
Versus
E. Kanniappan and another – Respondent


Advocates:
M.S.Subramaniam, for Petitioner. V.Srikanth, Government Pleader, for Respondents.

Judgment :

All these revisions under Art.227 of the Constitution of India are against the order dated 29. 1996, passed by the Principal Judge of City Civil Court, Madras, which reads as follows:

"Heard. In view of the decision reported in Biksha Reddy v. Venuna Bai, (1982)2 An.

W.R. 181, only an appeal is maintainable and fixed court-fee has to be paid. But in view of the orders passed by our High Court in C.R.P. No.2999 of 1985 dated 19. 1988 only regular appeal has to be filed as if a decree. Hence regular appeal has to be filed on payment of court-fee. Time 3 weeks."

2. Material facts which are necessary for the purpose of disposal of these revisions may be stated as follows:

In all the revisions, the revision petitioner is the purchaser in court-auction. For enforcing a mortgage which was executed by one Ekambara Sastri for himself and on behalf of his family, suit was filed by Indian Bank, the mortgagee, as O.S. No.104 of 1972. A preliminary decree was passed in the said suit on 20.10.1973 and final decree was also passed on 12. 1974. Since the amount was not paid, the mortgaged properties were brought to sale, and the appellant (revision petitioner) purchased the same in court































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