MOHIDEEN PITCHAI Vs. SALIM

JUDGEMENT

(1.) This Civil Miscellaneous Second Appeal is directed against the judgment and decree, dated 01.06.2011 and made in CMA No. 7 of 2010 on the file of the learned Principal District Judge, Theni, confirming the order, dated 22.02.2010 and made in E.A. No. 208 of 2009 in E.P. No. 15 of 2006 on the file of the learned Subordinate Judge, Uthamapalayam. The facts, which are absolutely necessary for the disposal of this appeal as under:-

(2.) The suit was decreed as prayed for on 18.03.2005. Subsequent thereof, the respondent/plaintiff has initiated execution proceedings in E.P. No. 15 of 2006 on the file of the Court of first instance, wherein the property of the appellants/defendants was sold in court auction.

(3.) The respondent, being the decree-holder has purchased the property on 20.10.2008, after getting necessary permission from the Court of first instance in E.A. No. 5 of 2008 on 20.02.2008. The sale, dated 20.10.2008 was confirmed on 22.12.2008 and a sale certificate was also issued in favour of the respondent/plaintiff on 4.2.2009. But only under this circumstance, the appellants/ defendants came out with an application in E.A. No. 208 of 2009 under Order 21 Rule 90, to set aside the sale, which took place on 20.10.2008 on the ground of material irregularity and fraud. That application was resisted by the respondent/plaintiff and on hearing both sides, it was dismissed on 22.02.2010.