BALAKRISHNAN Vs. MALAIYANDI KONAR

JUDGEMENT

(1.) Challenge in this appeal is to the judgment rendered by a learned single Judge of the Madras High Court holding that the auction sale held in an execution proceeding and confirmation thereof was illegal. The matter was remitted to the Executing Court with a direction to consider the objection in terms of Section 47 of the Code of Civil Procedure, 1908 (in short the 'code') and to consider whether there was any need for sale of the property in view of the deposit made by the judgment-debtor-respondent herein. The appellant who is the decree-holder purchased the property in the Court auction sale. The proceedings relate to O. S. No. 385/1977 on the file of District Munsif, Kulithalai.

(2.) The background facts need to be noted in brief:

(3.) The suit was filed by the appellant on the basis of a promissory note executed by the respondent in favour of the appellant. The suit was decreed. In the proceeding for execution of the decree in his favour (E. P. No. 725/1981 on the file of District munsif, Kulithalai later re-numbered as E. P. 45/1983 on the file of District Munsif, manapparai) the appellant purchased the judgment-debtor's property on 8-7-1981 in Court auction after obtaining permission of the Court for a sum of Rs. 7,510/ -. The sale was confirmed on 22-8-1983.