(1.) This appeal has been preferred against the judgment and decree dtd. 9/5/2003 passed in A.S. No. 20 of 2002 on the file of the Additional District Court, Fast Track Court-II, Tindivanam, confirming the judgment dtd. 4/7/1997 made in E.A. No. 329 of 1996 in O.S. No. 42 of 1988 on the file of the Principal District Munsif Court, Tindivanam.
(2.) According to the appellant, the land in S.No.243/1 to the extent of 2 acres and 99 cents originally belongs one Mannar Reddy and Mohan Reddy, who are the brothers of Gopal Reddiar. As per the Koorchit, the first item of the property belonged to Mannar Reddiar, second item belonged to Mohan Reddy and one portion of the third item was vested with the Gopal Reddiar. While so, one Rukmaniyammal filed a suit in O.S. No. 42 of 1988 for recovery of money against Gopal Reddiar and she had got an ex-parte decree on 17/6/1988. Thereafter, she filed E.P. No. 504 of 1995 on the file of the Subordinate Court, Tindivanam, for execution of the decree and brought the petition mentioned property for sale in which the son of the decree holder has purchased the said property in public auction. As per the Koorchit, the judgment debtor/Gopal Reddiar had got only 1/3rd share in the entire extent of 2 acres 99 cents. The appellant herein has purchased 2/3rd share of the said property from the sons of Mannar Reddy and Mohan Reddy under a registered sale deed on 2/8/1995 for a valuable consideration. However, the decree holder brought into the auction the entire extent of 2 acres 99 cents. Hence, the appellant has filed an application before the Execution Court in E.A. No. 329 of 1996 under Order XXI Rule 58(1) of Code of Civil Procedure claiming right and title over 2/3rd share in the said property. The Execution Application was dismissed against which he preferred an appeal in A.S. No. 20 of 2002 before the learned Additional District and Sessions Judge, Tindivanam and the same was dismissed under the impression that sale was already confirmed on 2/5/1988, itself. Therefore, the appellant herein is before this Court by way of this Civil Miscellaneous Second Appeal.
(3.) Heard the learned counsel for the appellant and perused the materials available on record.