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2022 Supreme(Mad) 3556

S. SOUNTHAR
V. S. Padmanabhan (Died) – Appellant
Versus
Sales Officer/ Cooperative Sub Registrar, Chennai – Respondent


Advocates appeared:
For the Petitioners:N. Manokaran, Advocate. For the Respondents:R1, P. Sanjai Gandhi, Government Advocate, R2, M.R. Murugan, Advocate.

JUDGMENT

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned Auction Sale Notice made in E.P.No.33/04-05 dated 20.10.2017 issued by the 1st respondent herein, quash the same, consequently direct the respondents to re-assess the liability by applying 6% interest on the principal of Rs. 3,75,000/-.)

1. Challenging the Auction Sale Notice dated 20.10.2017 in E.P.No.33/04-05 issued by the 1st respondent, the 1st petitioner (deceased) has come up with this writ petition.

2. According to the petitioners, the 1st petitioner is owner of the subject property with an extent of 1755 sq.ft., comprised in S.No.141/1 (Part), Alanthur Village. He applied for housing loan of Rs.4,00,000/- before the 2nd respondent/Society and he was sanctioned only with a sum of Rs.3,75,000/-. According to the petitioners, the 1st petitioner has repaid a sum of Rs.4,20,148/-. But however, all the payments made by him were appropriated towards interest and not towards principal. The 2nd respondent/Society has initiated Execution Proceedings in E.P.No.33/2004-2005, dated 30.04.2010 for recove

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