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2024 Supreme(Online)(Mad) 58700
IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI
T.THANGARAJ – Appellant
Versus
N.GEETHA – Respondent
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved On : 20.03.2024 Delivered On : 19.06.2024 CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI C.M.S.A.(MD)No.30 of 2017 and C.M.P.(MD)Nos.9282 and 9283 of 2017 T.Thangaraj ... Appellant Vs.
1.N.Geetha
2.A.Kunjumaadan
3.A.Vadivel
4.Sandha
5.Saravanan
6.Mariammal
7.Mala
8.Veliuvanthammal ... Respondents (Respondents 2 to 8 herein are remained ex-parte before the learned First Appellate Court.
Hence, notice may be dispensed with)
PRAYER : Civil Miscellaneous Appeal is filed under Section 100 of Civil Procedure Code r/w. Order 43 Rule 1 of Civil Procedure Code, to set aside the judgment and decree dated 29.08.2016 made in C.M.A.No.13 of 2011 on the file of the Principal District Court, Srivilliputtur, in reversing the judgment and decree order in E.A.No.295 of 2007 in E.P.No.220 of 2000 in O.S.No.213 of 2000 dated 31.01.2011, on the file of the learned Subordinate Judge, Srivilliputtur.
For Appellant : Mr.V.Meenakshi Sundaram For Mr.I.Velpradeep For 1st Respondent : Mr.Raghavachari, Senior Counsel For Mr.S.Ramesh For Respondents 2 to 8 : Exparte
JUDGMENT
This Civil Miscellaneous Second Appeal has been filed against the judgment and decree passed in C.M.A.No.13 of 2011 dated 29.08.2016, on the file of the Principal District Court, Srivilliputtur in reversing the judgment and decree order in E.A.No.295 of 2007 in E.P.No.220 of 2000 in O.S.No.213 of
2000 on the file of the learned Subordinate Judge, Srivilliputtur.
2.The auction purchaser before the Courts below is the appellant before this Court. The parties are referred to in the same rank as in E.A.No.295 of
2007.
3.The facts, which form the prelude to the filing of this Appeal is set out in the chronology of dates and events given herein below:-
S.No. Dates
Events
1.
19.09.1945 Subject properties were purchased by Arumugam Pandaram.
2.
30.04.1998 Mortgage deed executed by Arumugam in favour of Srivilliputtur Primary Agricultural Co-operative Bank for Rs.50,000/-
3.
13.08.1999 Alleged Promissory note executed by Arumugam Pandaram in favour of Kunchu Madan for Rs. 1,80,000/-
4.
13.07.2000 Registered mortgage executed by Arumugam and his son, Saravanan in favour of Geetha (1st respondent_ for RS.1,80,000/- vide Doc. No.2710 of 2000
5.
13.07.2000 Mortgage deed executed by Arumugam in favour of Akilandeeswari for Rs.1,20,000/-
6.
18.07.2000 Sale agreement executed by Arumugam in favour of Geetha (R1) for the subject properties
7.
28.07.2000 Suit in O.S.No.213 of 2000 was filed by A.Kunchu Madan against P.Arumuga Pandaram
8.
28.07.2000
I.A.No.872 of 2000 in O.S.No.213 of 2000 was preferred to furnish security for Rs.2,75,000/- to pass ad-interim exparte order of conditional attachment of the schedule mentioned property.
9.
31.07.2000 Attachment made in I.A.No.872 of 2000 in O.S.No. 213 of 2000
10.
20.09.2000
Judgment and decree passed in O.S.No.213 of 2000, on the file of the Sub Court, Srivilliputhur
11.
-
E.P.No.220 of 200 was preferred and the E.P. amount was shown as Rs.2,45,610.25/-
12.
21.06.2001 Sale deed executed by Arumugam in favour of Geetha. The balance sale consideration was also paid.
13.
21.06.2001 Along with the sale deed, since Arumugam could not travel to Sub Registrar office, Arumugam gave a power of attorney to Geetha's husband, Natarajan to present to sale deed for registration.
14.
26.06.2001 The sale deed presented in favour of Geetha was registered.
15.
16.07.2007 Auction sale in favour of the appellant (Thangaraj) for an amount of Rs.5,41,500/-
16.
31.07.2011 E.A.No.295 of 2007 in E.P.No.220 of 2000 on the file of learned Sub ordinate Judge, Srivilliputhur was dismissed.
17. 29.08.2015 C.M.A.No.13 of 2011 on the file of the Principal District Court, Srivilliputhur, was allowed.
4.The case of the appellant/auction
