P PARAMASIVAM Vs. VENKATACHALA GOUNDER

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the judgement in C.M.A. No. 4/86 on the file of the Subordinate Judge, Namakkal, reversing the order passed in R.E.A. No. 892/81 in R.E.P. No. 204/79 in O.S. No. 2147/73 on the file of District Munsif, Rasipuram.

(2.) SHORT facts are: In execution of the decree in O.S. No. 2147/73 property was brought to sale and was sold in court auction. The judgment debtors filed petition under O. 21, R. 90 read with S. 47 Code of Civil Procedure, praying for setting aside the Court auction sale held on 29.10.81, alleging that there were material irregularities in the proclamation and sale and that the auction purchaser was none other than the undivided son of the decree holder and hence the sale was only a benami sale of the decree holder in the name of auction purchaser. After enquiry, the learned District Munsif had dismissed the petition. Aggrieved by that order, the petitioners in the trial court filed appeal in C.M.A. 4/86 before the Subordinate Judge, Namakkal. After hearing the parties, the learned Subordinate Judge had given a finding that the court auction purchaser had purchased the property on behalf of the judgment-debtor from out of the income of the joint family properties, without obtaining permission from the Court and so it was liable to be set aside. Holding, so, the lower Appellate Court had allowed the Civil Miscellaneous Appeal and set aside the court auction sale. Aggrieved by the said Judgment, the second respondent in the Court below, viz, the court auction purchaser has come forward with this Civil Revision Petition.

(3.) IN view of the above, the Civil Revision Petition fails and shall stand dismissed. No costs.