V. LAKSHMINARAYANAN
Kumar @ Kumaran – Appellant
Versus
Bose Ponnambalam – Respondent
ORDER :
Prayer in C.R.P.(NPD).No.4092 of 2023: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the impugned fair and decretal order dated 14.09.2023 passed in I.A.No.3 of 2022 in C.M.A.No.14 of 2019 by the learned Additional District Judge, Dharmapuri.
Prayer in C.R.P.(NPD).No.4093 of 2023: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the impugned fair and decretal order dated 14.09.2023 passed in C.M.A.No.14 of 2019 by the learned Additional District Judge, Dharmapuri dismissing the said CMA and thereby confirming the fair and decretal order dated 30.08.2019 passed in REA.No.56 of 2017 in REP.No.46 of 2008 in O.S.No.70 of 2005 by the learned Principal Sub Court, Dharmapuri.
C.R.P.No.4093 of 2023 arises against the orders passed by the learned Additional District Judge at Dharmapuri in CMA.No. 14 of 2019 dated 14.09.2023 in confirming the order and decretal order of learned Principal Subordinate Judge at Dharmapuri in REA.No.56 of 2017 in REP.No.46 of 2008 in O.S.No.70 of 2005 dated 30.08.2019.
2. Pending the Civil Miscellaneous Appeal before the learned Additional District Judge, an application was
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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.
Execution of decree – Judgment-debtor cannot be allowed to raise objections as to method of execution in instalments.
Execution sales must adhere to the limitations set by procedural rules to ensure justice, with only sufficient property sold to satisfy the decree amount.
The sale of property in execution of a decree must comply with procedural rules, only necessitating sufficient property to satisfy the decree amount, failing which the sale is invalid.
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....
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