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2012 Supreme(Mad) 4920

T.MATHIVANAN
T. Krishnan – Appellant
Versus
Leelavathiammal – Respondent


Advocates Appeared:
For the Appellant :R. Margabandhu, Advocate.
For the Respondents:T.R. Rajaraman, Advocate.

JUDGMENT :

T. Mathivanan, J.

1. This Memorandum of Civil Revision Petition is directed against the Order of Sale dated 15.6.2005 in Execution proceedings in E.P. No. 85 of 2003 in O.S. No. 256 of 2000 on the file of the learned District Munsif, Tiruvannamalai. The Revision Petitioner herein is the Defendant/Judgment-debtor in the Suit in O.S. No. 256 of 2000, whereas the Respondent is the Plaintiff in the Suit. The Respondent has obtained a Decree in the above said Suit in O.S. No. 256 of 2000. Pursuant to the Decree, an Execution Petition was filed in E.P. No. 85 of 2003 for the attachment of property belonging to the Revision Petitioner. The sale date was fixed on 15.6.2005 as contemplated under Order 21, Rule 66 of the Civil Procedure Code. Only on that date, the Revision Petitioner had produced the Order dated 25.11.2002 and made in Insolvency Petition in I.P. No. 13 of 2002 passed under Order 10 of Provincial Insolvency Act and submitted that in pursuant to the Order passed in Insolvency Petition in I.P. No. 13 of 2002, the property which was sought to be attached was vested with the official Receiver and therefore, the Execution proceedings had to be stayed as per Section 29 of

















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