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2010 Supreme(Mad) 2829

G.RAJASURIA
C. Velu @ Venkatesalam & Others – Appellant
Versus
S. Kandasamy Chettiar (died) & Others – Respondent


Advocates appeared:
For the Petitioners:R. Subramanian, Advocate.
For the Respondents: R4 - S.A. Hafiz, R2 & R3 - No Appearance.

Judgment

1. Inveighing the order dated 1. 2005 passed by the Subordinate Judge, Sangagiri, in REA No.185 of 2004, this civil revision petition is focussed by the judgment debtors.

2. Heard both sides.

3. Compendiously and concisely the relevant facts necessary and germane for the disposal of this revision petition as well as C.M.P.No.1431 of 2008 would run thus:

.(i) The respondents herein filed the suit O.S.No.393 of 1990 so as to bring the mortgaged property belonging to the revision petitioners for sale. The preliminary decree was passed and subsequently, final decree also was passed.

.(ii) Thereafter, REP.No.4 of 2003 was filed before the executing Court so as to bring the mortgaged property for sale.

(iii) While so, the lower Court in the process of conducting the sale, on seeing that the revision petitioners/judgment debtors did not file any counter, passed order in the REA No.136 of 2004 filed by the R4 herein, who is one of the decree holders under Order 21 Rule 72(1) and 72(A) seeking permission to bid in the Court auction and purchase the property. The said order is extracted hereunder:

"Petition filed under Order XXI Rule 72(1) and Section 72(A) to order to grant pe










































































































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