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2024 Supreme(Online)(Mad) 54048
IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI
K.BALU – Appellant
Versus
ALL INDIA ISLAMIC FOUNDATION – Respondent
Understood. Please provide the content of the legal document (to be placed within
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved On : 28.02.2024 Delivered On : 21.05.2024 CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI C.M.S.A.(MD)Nos.40 and 41 of 2016 and C.M.P.(MD)Nos.9719 and 9720 of 2016 K.Balu ... Appellant in both C.M.S.As Vs.
1.All India Islamic Foundation, No.688, Anna Salai, Chennai, Rep. By its General Manager.
2.V.Alagan
3.Indian Overseas Bank, Appanthiruppathi Branch, Madurai North Taluk, Rep. By its Branch Manager ... Respondents in both C.M.S.As COMMON PRAYER : Civil Miscellaneous Appeals filed under Section 100 r/w. Order 42 Rule 1 of C.P.C., to set aside the order dated 23.06.2016 made in C.M.A.Nos.8 and 14 of 2014 on the file of the learned Principal District Judge, Madurai reversing the order dated 15.04.2014 made in E.A.No.176 of 2010 in E.A.No.754 of 2009 in E.P.No.55 of 2009 in Lok Adalat No.79 of 2008 in Pre Litigation Case No.52 of 2008 on the file of the learned First Additional Sub Judge, Madurai.
For Appellant : Mr.Lakshmi Shankar, (in both C.M.S.As) For Mr.G.Mohankumar For 1st Respondent : Mr.S.Subbiah, Senior Counsel (in both C.M.S.As) For Mr.G.Aravinthan For Respondents 2 & 3 : No Appearance (in both C.M.S.As)
COMMON JUDGMENT
The Civil Miscellaneous Second Appeals have been filed to set aside the judgment and decree passed in C.M.A.Nos.8 and 14 of 2014 dated 23.06.2016, on the file of the learned Principal District Judge, Madurai reversing the order dated 15.04.2014 made in E.A.No.176 of 2010 in E.A.No.754 of 2009 in E.P.No.55 of 2009 in Lok Adalat No.79 of 2008 in Pre Litigation Case No.52 of 2008 on the file of the learned First Additional Sub Judge, Madurai.
2.The purchaser of the property consisting an area of 6.09 acres in Survey No.11-1 of Manjambatti village, Madurai North Taluk in an open public auction for recovery of decree amount under Order XXI Rule 66 and Section 72 of the Code of Civil Procedure,1908, in an Execution Petition in E.P.No.55 of 2009 in Lokadalat No.79 of 2008 in a Pre-Mediation Case No.52 of 2008 on the file of the learned First Additional Subordinate Judge, Madurai filed by the Indian Overseas Bank, Appantiruppathi, Madurai district, is the appellant before this Court.
3.The facts, which form the prelude to the filing of these Appeals is set out in the chronology of dates and events given herein below:-
Sl.No. Dates
Events
1.
18.09.1987 (Ex.P1)
V.Alagan (2nd respondent) as a Kartha for himself for his minor son A.Selvam executed a mortgage in favour of Indian Overseas Bank, Appanthirupathi Branch (3rd respondent) for Rs.20,000/- property in S.No.11/1-6.09 acres.
2.
02.04.1992 (Ex.P2)
V.Alagan (2nd respondent) sold eastern 3.09 acres in S.No.11/1 to E.M.Gopalakrishnan Kone Dharma Trust for Rs.70,000/- out of which V.Alagan (2nd respondent) received Rs.45,000/- and directed the purchaser to redeem the mortgage dated 18.09.1987 by retaining Rs.25,000/-
3.
29.05.1992 (Ex.P3)
A.Alagammal & S.Alagammal executed a Power of Attorney in favour of V.Alagan (2nd respondent) in respect of 3 acres in western portion of S.No.11/1 which jointly belonged to the principal and Power of Attorney.
4.
29.09.1992 (Ex.P4)
V.Alagan (2nd respondent) based on his own right and Power of Attorney sold remaining western 3 acres in S.No.11/1 to E.M.Gopala Krishna kone Dharma Trust clearly admitting 02.04.1992 sale deed.
5.
13.12.2000 (Ex.P7)
Letter sent by IOB, Appanthirupathi Branch (3rd respondent) to V.Alagan (2nd respondent) intimating about OTS scheme (This letter sent to Alagan is produced by the respondent/claimant. This shows respondent and Alagan are together.)
6.
09.04.2001 (Ex.P6)
E.M.Gopalakrishna Kone Dharma Trust represented by its Trustee E.M.G.Soundarajan sold 6.09 acres in S.No.11/1 to All India Islamic foundation, Chennai(1st respondent). EMG trust till date not
