IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, J
KARUNAKARAN – Appellant
Versus
MALAVAN – Respondent
| Table of Content |
|---|
| 1. court concludes on the application of order 21 rule 97. (Para 6) |
| 2. court affirms scope of 'any person' in statute. (Para 8) |
| 3. civil revision petition is granted. (Para 9) |
O R D E R
Challenging the order passed by the Execution Court rejecting the application filed by the revision petitioner under Order 21 Rule 97 of CPC resisting execution of the decree in O.S.No.375 of 1997 on the file of the Principal District Munsif Court, Cheyyar, Tiruvannamalai, the present revision has been filed.
2.It is the case of the revision petitioner that he has purchased the subject property on 25.03.1991. When the matter stood thus, the 3rd respondent have purchased the property in an auction conducted by the Executing Court in E.P.No.244 of 1998 to enforce the decree in O.S.No.375 of 1997. According to the revision petitioner, the attachment itself is passed after sale in favour of the revision petitioner. Despite the sale in favour of the revision petitioner much prior to the attachment, the property has been sold later to the auction purchaser. Now, an attempt has been made to dispossess the revision petitioner. Therefore, he has filed the present application under Order 21 Rule 9
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