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2015 Supreme(Mad) 2368

K.K.SASIDHARAN
Gurusamypillai – Appellant
Versus
Athinarayanan – Respondent


Advocates Appeared:
For the Petitioner: Mr. A.Haja Mohideen
For the Respondent No.2: Mr. S.Ramasamy

ORDER

This Civil Revision Petition is directed against the order dated 18 November, 2014, in E.A.No.149 of 2012 in E.P.No.83 of 2008, whereby and whereunder, the learned Subordinate Judge, Srivilliputhur, was pleased to dismiss the application filed by the petitioner to set aside the sale.

SUMMARY OF FACTS:

2. The first respondent filed a suit in O.S.No.145 of 2005, on the file of learned Subordinate Judge, Srivilliputhur. It was a suit for recovery of money. The Trial Court passed a decree, directing the petitioner to pay a sum of Rs.5,37,268/-.

3. The first respondent filed Execution Petition in E.P.No.83 of 2008 to execute the decree. The Executing Court passed an order for the sale of mortgaged property to realise the decree amount. The bid submitted by the second respondent for a sum of Rs. 5,02,000/-was accepted by the Executing Court.

4. The petitioner, in the meantime, paid the entire decree amount to the decree holder and filed an application under Order 21 Rule 89 of Code of Civil Procedure. The learned Executing Judge dismissed the said application primarily on the ground that the application was made beyond the period of 60 days and it was not accompanied by the mandato
























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