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2015 Supreme(Mad) 1176

PUSHPA SATHYANARAYANA
A. Kamal Batcha – Appellant
Versus
Gokulam Ammal – Respondent


Advocates Appeared:
For the Petitioner:A. Arumugam for M/s. Ajmal Associates, Advocates.
For the Respondents: R1, M.R.S. Prabhu, R2 to R10, No Appearance.

Judgment :-

1. The Court auction purchaser is the revision petitioner herein.

2. A few facts which are necessary for the disposal of this Civil Revision Petition are as follows:-

O.S.No.7 of 1973 was filed for partition on the file of the Sub-Court, Kumbakonam. A preliminary decree was passed on 19/11/1974. An appeal against the same in A.S.No.14 of 1977 was filed on the file of the District Court, Thanjavur. On 24/2/1977, the appeal was dismissed. As the property was not capable of being divided, it was decided to sell the property in Court auction. Accordingly, on 25/1/1978, the Court auction was held. On 20/1/1979, the sale was confirmed by virtue of an order passed in I.A.No.451 of 1977. On the same day, i.e., on 20/1/1974, a final decree was passed. There was also an appeal against the final decree in A.S.No.146 of 1977. On 28/2/1980, the said appeal was dismissed. While so, the parties preferred another suit for the same relief of partition in O.S.No.78 of 1984. The said suit was dismissed on 12/2/1986 and the appeal against the same was also dismissed.

3. Pending appeal, C.M.P.No.8652 of 2000 was filed by the auction purchaser for amendment and correction of the description o

























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