G.R. SELVARAJ Vs. K.J. PRAKASH KUMAR

JUDGEMENT

(1.) By order dtd. 10/2/2009 passed in C.R.P. (NPD) No.2574 of 2007, a learned Judge of the High Court of Judicature at Madras invalidated the auction sale held on 12/9/2002 by the learned IXth Assistant Judge, City Civil Court, Chennai, in Execution Petition No. 199 of 1998 in Original Suit No. 9158 of 1995. Aggrieved thereby, the auction purchaser, G.R. Selvaraj, filed this appeal.

(2.) G.R. Selvaraj, the appellant, died during the pendency of this appeal and his legal representatives, being his widow, five sons and two daughters, were brought on record. At the risk of the appellant(s), the name of respondent No.4, Rasheeda Yasin, the decree holder, was deleted from the array of parties, vide order dtd. 20/11/2012. As she is not a necessary party anymore, her absence has no impact on this case.

(3.) O.S. No. 9158 of 1995 (earlier, C.S. No. 297 of 1995) was filed by Rasheeda Yasin, respondent No. 4, against Komala Ammal and her son, K.J. Prakash Kumar, for recovery of a sum of Rs.3,75,000.00 along with interest and costs. It was her case that the defendants, along with late K. Jagannathan, the husband of the first defendant and father of the second defendant, jointly borrowed a sum of Rs.2,00,000.00 from her on 2/3/1992 and were, therefore, liable to repay the same to her along with interest. The suit was decreed ex parte on 16/4/1997 by the learned IInd Assistant Judge, City Civil Court, Chennai, directing the defendants therein to pay the plaintiff a sum of Rs.3,75,000.00 with interest on the principal sum of Rs.2,00,000.00 @ 18% per annum, from the date of the plaint till the date of realization, along with costs of Rs.10,435.50.00.