UMASANKAR Vs. R.SANKARANARAYANAN

JUDGEMENT

(1.) This revision petition is filed by the petitioner / judgment debtor as against the return endorsement made by the learned Subordinate Judge, Sankarankovil / Execution Court, on his application filed under Order 21 Rule 89 CPC.

(2.) The petitioner has filed an execution application in E.P.No.43 of 2015 in O.S.No.203 of 2013 to set aside the sale conducted on 22/8/2022, on the ground that he is prepared to deposit the decree amount. The Execution Court returned the application on 26/10/2022, with the following endorsement:

(3.) Learned Counsel for the petitioner submitted that the suit property was auctioned for a lesser amount of Rs.17,09,000.00. The petitioner conducted a private negotiation and has entered into an agreement with one Gopalakrishnan S/o.Senthilvel, wherein, the said Gopalakrishnan undertook to purchase the suit property for a sum of Rs.40,00,000.00 and also to deposit the decree amount before the Court. Along with this agreement, the petitioner has filed the execution application within the period of limitation, however, by quoting the wrong provision as Order 21 Rule 90 CPC, instead of Order 21 Rule 89 CPC. Therefore, the application was returned and thereafter, the same was also rectified and represented by the petitioner. Even then, the Court has returned the papers.