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2011 Supreme(Mad) 3869

K.MOHAN RAM
S. Sivasubramanian – Appellant
Versus
N. Chinnasamy – Respondent


Advocates appeared:
For the Appellant:R. Asokan, Advocate.
For the Respondents:R1 D. Krishnakumar, Advocate.

Judgment :

1. The second respondent in the above Civil Revision Petition filed a suit in O.S.No.109 of 1997 against the petitioner herein for recovery of money and the suit was decreed. As the decree was not satisfied by the Judgment debtor the petitioner herein the second respondent herein levied execution in E.P.No.27 of 2004 before the District Munsif Court, Dharapuram. In the Execution Proceedings, the property belonging to the judgment debtor was attached and brought for sale. In the court auction sale held on 28.10.2003, the first respondent was the successful bidder and the sale of the property was confirmed by order dated 21.09.2006. Thereafter, the court auction purchaser, namely, the first respondent herein, filed S.A.No.17 of 2008 on 06.02.2008 under order 21 Rule 95 of the Code of Civil Procedure for delivery of possession of the property purchased by him in the Court auction.

2. The petitioner/judgment debtor contested the application inter-alia contending that the limitation prescribed for the petition for delivery of property purchased in the Court auction sale under Article 134 of the Limitation Act is only one year from the date of confirmation of the court auction












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