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2014 Supreme(Mad) 1480

S.MANIKUMAR
K. Raja – Appellant
Versus
C. N. Kumar – Respondent


Advocates Appeared:
For the Appellants:M/s. Sarvabhauman Associates, Advocates.
For the Respondents:R2, N. Anand Venkatesh, Advocate.

Judgment :

1. Being aggrieved by the order of dismissal on 04.07.2012, made in E.A.No.29 of 2010 in E.P.No.29 of 2006, filed under Order 21 Rule 58 of C.P.C., to release the petition mentioned properties, brought on sale from attachment, on the file of the 1st Additional District Judge, Erode, the present appeal has been filed. Parties are addressed, as per the litigative status in E.A.No.29 of 2010.

2. Facts in brief are as follows:-

The petitioners are third parties. The 1st respondent is the decree holder. Respondents 2 to 6 are the judgment debtors in E.P.No.29/2006 in 0.S.No.13/2004. The 1st respondent/plaintiff has filed the said suit, as against respondents 2 to 5, for refund of the advance amount of Rs.10,80,000/-, on the basis of the sale agreement, dated 22.06.1995. Vide judgment and decree, dated 23.07.2004, the suit has been decreed, in favour of 1st respondent. The Court below has passed an order, directing respondents 2 to 6, to pay a sum of Rs.15,64,315/-, with subsequent interest, at the rate of 12% per annum. Respondents 2 to 6 have failed to pay the said decree amount and hence, the 1st respondent has filed an execution petition, as against respondents 2 to 6, for













































































































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