REGENT COMPUTRONICS PVT. LTD.

K.Palanichamy Gounder Appellant

V/S

KANDASAMY GOUNDER Respondents

Referred Judgements :-

VAENDA VS. D.G.NRASIMHAN [REFERRED TO]
LALARAM VS. JAIPUR DEVELOPMENT AUTHORITY [REFERRED TO]
DANISH VARGHESE VS. JANCY DANISH [REFERRED TO]
SIDHESHWAR MUKHERJEE VS. BHUBAESHWAR PRASAD NARAIN SINGH [REFERRED TO]
M V S MANIKAYALA RAO VS. M NARASIMHASWAMI [REFERRED TO]
INDIA ELECTRIC WORKS LIMITED VS. JAMES MANTOSH [REFERRED TO]
HARNANDRAI BADRIDAS VS. DEBIDUTT BHAGWATI PRASAD [REFERRED TO]
NANDARANI MAZUMDAR VS. INDIAN AIRLINES [REFERRED TO]
GANPAT SINGH VS. KAILASH SHANKAR [REFERRED TO]
PATTAM KHADER KHAN VS. PATTAM SARDAR KHAN [REFERRED TO]
BALAKRISHNAN VS. MALAIYANDI KONAR [REFERRED TO]
STATE OF HARYANA VS. MUKESH KUMAR [REFERRED TO]
NAZARETH CO OPERATIVE BUILDING SOCIETY LIMITED VS. KANAKARAJ DIED [REFERRED TO]
VELURAN @ MUTHUSAMY GOUNDER VS. PERUMAL GOUNDER [REFERRED TO]
K.R. LAKSHMINARAYANA RAO VS. NEW PREMIER CHEMICAL INDUSTRIES [REFERRED TO]
V.C.THANI CHETTIAR VS. DAKSHINAMURTHY MUDALIAR [REFERRED TO]
UNITED FINANCE CORPORATION VS. M.S.M. HANEEFA [REFERRED TO]
T. MUTHUKUMARASAMY VS. J. SELVASUNDARRAJ [REFERRED TO]
VIDYA DEVI VS. STATE OF HIMACHAL PRADESH [REFERRED TO]

JUDGEMENT

(1.) The plaintiff is the appellant. He laid a suit in O.S.15/1997 for partition of two out of three items of properties and for declaration and recovery of possession for the remaining property. He was successful before the trial court, but suffered a reversal in his fortune before the first appellate court. For narrative convenience, the parties are referred to as per their rank before the trial Court.

(2.) This appeal throws up two questions for determination: (a) Does Explanation II(b) of Sec.47 CPC bar a suit for recovery of property by an auction purchaser; and (b) Is there a period of limitation for an auction purchaser of a fractional share of the judgement debtor's property to seek partition vis-a-vis the other co-sharers or co-owners?

(3.) Before the core issue, if not the soul-issue is addressed, the facts of the case are briefly stated as under:

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K.PALANICHAMY GOUNDER Vs. KANDASAMY GOUNDER

Referred Judgements :-

JUDGEMENT

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