Back
K. MURALI SHANKAR
N. Sivasamy – Appellant
Versus
Karur Balaji Finance, Rep. by its Partner and General Power Agent, Paramasivam – Respondent
ORDER :
K. Murali Shankar, J.
[PRAYER : This Civil Revision Petition filed under Section 115 of C.P.C., against the fair and decreetal order made in E.A.No.2 of 2023 in E.P.No.156 of 2012 in O.S.No.14 of 2005 on the file of the Principal District Munsif Court, Karur, dated 10.04.2023.]
The Civil Revision Petition is directed against the order passed in E.A.No.2 of 2023 in E.P.No.156 of 2012 in O.S.No.14 of 2005, dated 10.04.2023 on the file of the Principal District Munsif Court, Karur, dismissing the petition filed under Order XXI Rule 90 of the Code of Civil Procedure.
2. The revision petitioners/Defendants 2 and 3 have filed an application in E.A.No.2 of 2023 under Order 21 Rule 90 of C.P.C, for setting aside the Court auction sale held on 04.01.2023.
3. The facts not in dispute are as follows :
(ii) The defendants 1 and 2 have filed a petition to condone the delay of 309 days in repr
The court emphasized the application of Order XXI Rule 90 of the CPC in cases of substantial irregularities causing injury to the judgment-debtor and cited legal precedents to support its decision.
The executing court must ensure only necessary property is sold to satisfy a decree, and dismissal of a claim under Order XXI Rule 58 does not bar a subsequent application under Order XXI Rule 90 for....
A Court executing a decree can only sell such portion of the property attached as may seem necessary to satisfy the decree and no sale can be allowed beyond the decretal amount.
An auction sale is invalid if mandatory notice requirements are not met, allowing a party to challenge the execution process under Section 47 of CPC.
The validity of auction sales in execution proceedings is upheld where notice requirements are satisfied, and third-party claims based on subsequent purchases without title are dismissed as legally u....
An execution court is obligated to sell only such portion of the property as is necessary to satisfy the decree, and selling the entire property without examining this aspect is illegal and without j....
whether Section 35 of the Act is mandatory or directory the sale held in violation of the said provision is only illegal but not a nullity and therefore, it can be set aside only in the manner and th....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
