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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T.ASHA, J
P.Kanagavalli – Appellant
Versus
The Deputy Registrar, Salem Region, Fairlands, Salem – 636 016. – Respondent
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| 1. review and its requirements under the code of civil procedure. (Para 1 , 2 , 3) |
| 2. execution proceedings cannot be contested without challenging the original award. (Para 4 , 5) |
ORDER
The petitioner seeks to review the order passed by this Court on
18.07.2025 in C.R.P(NPD)No.2302 of 2021.
2. The short facts which lead to the filing of the above review application is set out herein below:
(a) The petitioner had borrowed a sum of Rs.65,000/- from the 2nd respondent on 30.06.1999 and as a security, had mortgaged the property which is now the subject matter of the proceedings. The petitioner had defaulted in the repayment of the loan amounts and as on 04.02.2006 a sum of Rs.1,75,958/- was due and owing by the petitioner to the 2nd respondent.
(b) In view of the above, the 2nd respondent had initiated surcharge proceedings under Section 90 (1) (b) of the Tamil Nadu Cooperative Societies Act and an award, dated 02.02.2006 was passed by the 1st respondent directing the petitioner to pay a sum of Rs.1,75,000/- with interest @ 20% per annum, failing which, the amount was to be realized from the property mortgaged. Since the amounts due under the award was not paid, the 2nd res
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