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1979 Supreme(Mad) 448

VENUGOPAL
Dr. Cherian – Appellant
Versus
P. Ramasami Naidu – Respondent


Advocates Appeared:
For the Appellant:M/s. L.K. Sarma & K. Srinivasan, Advocates.
For the Respondents:M/S. V. Natarajan & V. Nicholas, Advocates.

Judgment :-

1. The appellant before this Court is the Court auction purchaser. Respondents 1 and 2 are the judgment-debtors and the 3rd respondent is the decree-holder. The 3rd respondent filed a suit, O.S. No. 100 of 1968, on the file of the Sub Court, Coimbatore, on a hundi executed by respondents 1 and 2 (husband and wife) and obtained a decree on 20th June, 1968 for a sum of Rs. 9,777. The 3rd respondent filed E.P. 248 of 1968, for attachment and sale of the house belonging to the second respondent situated in Coimbatore. The property was attached and even while the execution petition was pending, the 3rd respondent filed another execution petition, E.P. 42 of 1969 for attachment and sale of lands belonging to the Ist respondent in Salakurichi Village, Palladam taluk. The properties were brought to sale and there were no bidders, the execution petition was dismissed on 29th June, 1970, and the attachment was allowed to continue for a period of six months from that date. On 25th January, 1971, the ouse property in Coimbatore belonging to the second respondent was sold in Court-auction and the sale was duly confirmed and part satisfaction was recorded and E.P 42 of 1969 was closed























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