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2012 Supreme(Mad) 4596

R.S.RAMANATHAN
R. Krishna Gounder – Appellant
Versus
Primary Agricultural Co-operative Bank – Respondent


Advocates appeared:
For the Petitioner:R. Murali, Advocate.
For the Respondents:R1, M.S. Palaniswamy, R2, B. Neduchezhiyan, Advocates.

Judgment :-

1. The auction purchaser is the revision petitioner herein. The property of the second respondent was brought to sale and the revision petitioner purchased the property in the auction, and certificate was also issued in his favour, under Rule 129 of the Tamil Nadu Co-operative Societies Rules. Thereafter, the revision petitioner applied to the learned Principal District Judge, Coimbatore, for delivery of possession, by filing an Application, viz., E.A.No.61 of 2006, under Surcharge Order No.14 of 2004, and that Application was returned by the learned Principal District Judge, stating that the Civil Court has no jurisdiction to order delivery of possession of the property and the revision petitioner has to approach the Deputy Registrar of the Tamil Nadu Co-operative Society, for further action. Challenging the same, the present Civil Revision Petition is filed.

2. The learned counsel appearing for the revision petitioner submitted that, as per the provisions of Rule 130 of the Tamil Nadu Co-operative Societies Rules, 1988, the auction purchaser can approach the Court of competent jurisdiction for delivery of possession of the property and therefore, E.A.No.61 of 2006, was



















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