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2015 Supreme(Mad) 1853

PUSHPA SATHYANARAYANA
M. Vijaya – Appellant
Versus
M. R. Chinnadurai – Respondent


Advocates Appeared:
For the Petitioner:V. Meenakshisundaram, Advocate.
For the Respondents:R1 & R2, V. George Raja for M/s Ajmal Associates, Advocates, R3, No Appearance.

Judgment :-

1. By way of instant Civil Revision Petition under Section 115 of the Code of Civil Procedure, the auction purchaser has assailed an order dated 18.7.2012 passed by the Principal District Judge, Theni, in C.M.A. No. 3 of 2011 reversing the fair and decretal order dated 18.3.2010 passed by the Subordinate Judge, Periakulam, in E.A. No. 141 of 2009 in E.P. No. 28 of 1999 in O.S. No. 253 of 1988.

2. Brief facts relevant for the purpose of deciding the instant petition are that the plaintiff Karur Vysya Bank Limited, Periyakulam, filed O.S. No. 253 of 1988 before the Subordinate Court, Periyakulam, for recovery of money against the defendants based on a mortgage dated 13.7.1985. Preliminary decree was passed in the suit on 14.11.1994 followed by a final decree passed on 30.3.1998. Thereafter, the plaintiff had filed Execution Petition in E.P. No. 28 of 1999 before the Sub-Court, Periyakulam, for recovery of Rs.6,61,485/- with 14.5% future interest. Pursuant to the same, the auction of the secured property was brought to sale on 03.8.2009 in which the present petitioner was th











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