RAJAGOPALAN
Veda Gounder – Appellant
Versus
Arunachalam Chettiar – Respondent
This application under section 115, Civil Procedure Code to revise the judgment of the learned Subordinate Judge of Cuddalore in A.S. No. 208 of 1954 on his file, arises out of proceedings in execution of the decree in S C No. 844 of 1933 taken subsequent to the disposal of S.A. No. 1432 of 1948 on 10th December, 1951. The respondent before me, Arunachalam Chettiar, was the plaintiff in S.C. No. 844 of 1933, and he obtained a decree against Katayya Goundan The petitioners in these proceedings are the legal representatives of Katayya. In execution of the decree in S.C. No. 844 of 1933, the decree-holder Arunachala brought to sale the properties of the judgment-debtor Katayya and purchased them himself at the sale held on 9th November, 1942. Katayya died on 14th November, 1942, before the sale could be confirmed under Order 21, rule 92 Civil Procedure Code. The sale was confirmed on 12th December, 1942, but without notice to the legal representatives of Katayya. In S.A. No. 1432 of 1948 to which the petitioners and respondent were parties, this Court set aside the confirmation of sale. The judgment has been reported in Arunachala Chettiar v. Vadla Kounden1 The respondent as t
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