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2009 Supreme(Mad) 800

A.C.ARUMUGAPERUMAL ADITYAN
S. M. Subramanian – Appellant
Versus
R. Karuppusamy – Respondent


Advocates appeared:
For the Petitioner:C. Deivasigamani, Advocate.
For the Respondent:A.K. Kumarasamy, Advocate.

Judgment

The order passed in EA.No.166 of 2008 in EP.No.38 of 2005 in O.S.No.809 of 2002 on the file of the Principal District Judge, Coimbatore, is under challenge in CRP.NPD.No.321 of 2009. The said EA.166 of 2008 was filed under Order 21 Rule 61 of CPC seeking the indulgence of the Court to adjourn the sale of the property scheduled to EP.No.38 of 2005 on the ground that value fixed by the Court for the property scheduled to the EP for sale as Rs.15 lakhs is very low because the property worth more than Rs.20 lakhs. Since the petitioner has not produced any material to show that the property will fetch more than the upset price fixed by the Court the said application for adjournment of sale was dismissed by the Court below, against which the CRP.NPD.No.321 of 2009 has been preferred.

2. CRP.NPD.No.2380 of 2008 has been directed against the order passed in I.A.No.993 of 2006 in I.A.No.960 of 2004 in O.S.No.809 of 2002 on the file of the Principal District Judge, Coimbatore. I.A.No.993 of 2006 was filed under Section 5 of the Limitation Act to condone the delay of 8 days in preferring a petition to set aside the exparte final decree. The reasoning stated in the affidavit to I.A.No




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