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2008 Supreme(Mad) 717

A.C.ARUMUGAPERUMAL ADITYAN
Saravana Theatre – Appellant
Versus
T. Ramalingam – Respondent


Advocates Appeared:
For the Petitioner:T.V. Ramanujam, Senior Counsel, V.K. Eloango, Advocate.
For the Respondent:S.V. Jayaraman, Senior Counsel, R. Karthikeyan, Advocate.

Judgment :-

The order passed in EA.No.76 of 2007 in EP.No.31 of 2005 in O.S.No.172 of 1999 on the file of the Court of Subordinate Judge, Gudiyatham, is under challenge in this revision. EA.No.76 of 2007 was filed by the Action Purchaser of Saravana Theatre, Gudiyatham, in EP.No.31 of 2005 in O.S.No.172 of 1999. The said EA.No.76 of 2007 was filed for delivery of the property scheduled to EP.No.31 of 2005 viz., Saravana theatre. Since the petitioner in EA.No.76 of 2007 could not take delivery, he filed EA.No.154 of 2007 for break open to effect delivery, which was ordered by the learned Subordinate Judge, Gudiyatham. EA.155 of 2007 was filed in EA.No.76 of 2007 for police help, which was also allowed by the learned Subordinate Judge, Gudiyatham. Against the order of delivery in EA.No.76 of 2007, the judgment debtors in O.S.No.172 of 1999 have preferred this revision.

2. Heard the learned counsel appearing for the revision petitioners, who would contend that under the proclamation of sale dated 212. 2006, the property intended to be sold is in S.No.70/1 and the property sold under the Court auction sold dated 21. 2007 is also in S.No.70/1, but the Auction Purchaser cannot take deliv







































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