1. The present appeal has been filed as against the fair and decretal order dated 03.01.2003 in R.E.A.No.1408 of 1996 in R.E.P.No.340 of 1994 in O.S.No.255 of 1989 on the file of the Sub-Court, Namakkal, dismissing the application filed by the appellant herein under Order 21 Rule 90 of CPC r/w Section 151 of CPC, to set aside the auction sale of the ancestral property of the appellant's husband conducted on 18.09.1996.

2. The deceased 1st appellant herein-Pavayammal, who is the mother of the deceased 3rd respondent herein, is a third party in the execution proceedings filed in R.E.P.No.340 of 1994 in the Original Suit No.255 of 1989. Originally this appeal was filed by the 1st appellant-Pavayammal as against the respondents 1 to 3 herein. Pending the appeal, since the 1st appellant-Pavayammal died on 23.03.2005, her legal heir Selvarani was brought on record as 2nd appellant. Since the 1st respondent died, his legal heirs were brought on record as respondents 4 to 6. Similarly, since the 3rd respondent died, his legal heirs were brought on record as respondents 7 & 8.

3. The 1st respondent herein-Thangammal (deceased) had filed a suit in O.S.No.255 of 1989 on the file of