K KOLANDAN Vs. M MURUGESAN & OTHERS

JUDGEMENT

(1.) This Writ Petition is directed against the order dated 25 April 2008 on the file of the Deputy Registrar of Cooperative Societies, Namakkal, whereby and whereunder the Application filed by the Petitioner invoking Rule 128 of the Tamil Nadu Cooperative Society Rules, challenging the sale dated 18 March 2008 was rejected on the ground of delay.

(2.) The Petitioner appears to have filed a Suit in O.S. No. 18/2007 against the First Respondent before the learned Subordinate Judge, Namakkal, claiming a sum of Rs. 1,75,000/- with interest. During the pendency of the said Suit, the Petitioner filed an Interlocutory Application in LA. No. 75 of 2007 praying for an order of attachment before judgment. The learned Judge as per order dated 18 January 2007 directed the First Respondent to furnish security for the Suit claim on or before 1 February 2007. Since no such security was given, the Sub-Court was pleased to pass an order of attachment on 1 February 2007. The attachment was registered on the file of the local Sub-Registrar's Office.

(3.) In the meantime, the Fourth Respondent obtained a decree against Respondents 1 and 2 in A.R.C. No. 823/2005-06. The decree granted on 20 February 2006 was for payment of a sum of Rs. 4,32,728/-. This was followed by proceedings for execution. The Fifth Respondent brought the property for sale on 18 March 2008. The Third Respondent took part in the said auction and the bid was confirmed in his name for a sum of Rs. 8,50,000/-. The Petitioner immediately filed a Suit in O.S. No. 228/2008 before the learned District Munsif, Namakkal, praying for a decree of declaration that the sale was invalid.