CHINNA KARUPPATHAL Vs. A D SUNDARA BAI

JUDGEMENT

(1.) This Civil Revision has been preferred against the order and decretal order, dated 11.01.2010 made in E.A. No. 139 of 1962 in E.P. No. 134 of 1957 in O.S. No. 226 of 1946 on the file of the Sub-Court, Coimbatore. The Revision Petitioner herein and one Chinnapappu @ Ramasamy Gounder had filed the said Execution Application before the Executing Court under Section 47 r/w. 151 of the Code of Civil Procedure and by the impugned order, the Execution Application was dismissed by the Court below on merits. Aggrieved by which, the Revision has been preferred by the Petitioner herein.

(2.) It is an admitted fact that the Revision Petitioner along with the other person had filed the Execution Application, claiming right over the suit property, questioned the Court auction sale and also prayed for dismissal of the Execution Application, by setting aside the Court auction sale, however, the said Application was dismissed by the Court below.

(3.) T.V. Ramanujam, learned Senior Counsel appearing for the Revision Petitioner submitted that the Court auction sale relating to the suit property is against law and liable to be cancelled. According to the learned Senior Counsel, there was no attachment over the property, however, the property was brought in a Court auction sale, hence, the Court auction is illegal and liable to be set aside.