This Revision Petition arises out of the Fair and Decretal order dated 01.11.2001 passed in C.R.F.No.16624 of 2001 in A.R.C.No.17/85-86 by the learned Second Additional Subordinate Judge, Coimbatore, the Revision Petitioner herein is the Auction Purchaser.

2. The above Civil Revision Petition is filed against the order of the learned II Additional Sub Court, Coimbatore dated 01.11.2001, rejecting the E.P. in S.R. stage filed by this Revision Petitioner for the delivery of the petition mentioned schedule of property. This Revision Petitioner, who is the auction purchaser of the schedule of property has filed the above E.P. as envisaged under Rule 37(15) of the Multi State Cooperative Societies Act, 2002 (hereinafter referred to as the ‘Act’). The said Act is a self-contained code as the very preamble of the Act indicates.

3. The brief facts leading to the filing of this Civil Revision Petition is that the 1st respondent, who is the Sole Proprietor of the 2nd respondent Firm had availed a loan from the 3rd respondent bank by mortgaging his immovable property (which is the subject matter of this revision petition) by way of security. As the 1st and 2nd respondents were defaulted in repaying the loan amount, the 3rd respondent initiated recovery proceedings vide A.R.C. No. 17/85-86 before the Central Registrar of Co-operative Societies, Chennai, which resulted in an award dated 30.11.1985. As the 1st and 2nd respondents failed to comply with the award, the above said mortgaged property was brought for sale and this revision petitioner was the successful bidder for Rs.7,55,000/- in the auction sale held on 21.04.1988. Later, the petitioner has paid the said bid amount and the last payment of the bid amount was on 05.05.1988 and the 4th respondent proceeded to confirm the sale on 10.06.1988 and directed the petitioner to pay the bank charges of Rs.98,150/-. Accordingly, the petitioner has paid the same on 17.06.1988.

4. Meanwhile, the 5th respondent who is the brother of the 1st respondent has filed a Writ Petition in W.P.No.6875 of 1988 before this Court to forbear the authorities and the petitioner from enforcing the Award passed in A.R.C.No.17/85-86 and obtained an order of stay. Later, the above writ petition was dismissed by this court by an order dated 21.07.1988 thereby directed the 5th respondent to seek relief before the proper forum and the petitioner was also given liberty to seek refund of the huge amount lying in deposit. Pending disposal of the above writ petition, the 5th respondent has also filed a civil suit in O.S.No.1140 of 1988 before the learned I Additional District Munsif Court, Coimbatore sought for the relief of bare-injunction to restrain the authorities and the petitioner from interfering with his right and possession. However, the 5th respondent did not avail the opportunity given to him and failed to raise his claim before the appropriate forum. Consequently, the 5th respondent was estopped and not entitled to raise any objection or make any claim. The petitioner has also made some representations to the Deputy Registrar of Co-operative Societies thereby requested them to secure possession of the property and also to clarify the issue of title and possession or else to refund the said amount of Rs.7,55,000/-. On 09.08.1988, the Registrar of Co-operative Societies passed an order by cancelling the confirmation of sale and transmitted the Execution Petition to the Joint Registrar. Thereafter, on 10.08.1988 the Deputy Registrar passed an order for refund of the amount to the petitioner.

5. Aggrieved by the said order, the 3rd respondent has filed a writ petition in W.P.No.9171 of 1988 before this court to quash the order passed by the Registrar of Co-operative Societies dated 09.08.1988 and also the order passed by the Deputy Registrar dated 10.08.1988. The above writ petition was allowed by this