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P. T. ASHA
N. M. Subramaniam – Appellant
Versus
Unnammal (died) – Respondent
ORDER :
Prayer : Review Petition has been filed under Order 47 Rule 1, r/w. 114 of C.P.C against the order dated 31.01.2019 made in S.A.No.97 of 2019 passed by this Court.
This review application has been filed contending that the judgment under review requires a reconsideration in the light of law laid down in 1996 (5) SCC 48 [Pattam Khader Khan vs. Pattam Sardar Khan]and 2017(6) CTC 602 [T.Muthukumarasamy vs. J. Selvasundarraj] and that in the light of the above two judgments, there appears to be an error apparent on the face of the record and there are sufficient reasons for seeking a review of the judgment.
2. In the judgment under review, the judgments above referred to have not been brought to the notice of this Court and relying on the judgment reported in 2004 (4) CTC 148 [Ratan Bapu Patil (dead) by Lrs and Others Vs. Dodhu and Others], the second appeal has been dismissed.
3. In the light of the submissions made, the judgment which is the subject matter of this review petition requires to be reviewed and accordingly, the review application is allowed. Both the learned counsels have made their submissions in the main second appeal itself.
4. The above second appeal is filed chal
The limitation for an auction purchaser to seek delivery of possession commences from the issuance of the sale certificate, and a separate suit for recovery of possession is barred under Section 47 o....
An auction purchaser who fails to take delivery within one year is barred from filing a fresh suit for possession under Section 47 CPC, but may file under Article 65 if based on title.
The limitation period for delivery of possession under Article 134 begins from the confirmation of sale, not the issuance of the sale certificate.
The auction purchaser's suit for possession is maintainable despite conflicting precedents, affirming the validity of the auction sale and the rights conferred by the execution proceedings.
The main legal point established in the judgment is the determination of the starting point of limitation for filing an application under Rule 95 of Order XXI of CPC and the interpretation of Article....
The main legal point established in the judgment is that the sale becomes absolute only after the final disposal of ancillary proceedings, and the one-year limitation period under Article 134 of the ....
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.
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