GOVINDARAJA REDDIAR Vs. INDIAN BANK

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the rejection order passed in un-numbered I.A.No. /1996 in O.S.No.164 of 1980 on the file of the Subordinate Court, Tindivanam.

(2.) Heard the learned counsel appearing for both sides.

(3.) A perusal of the records available on file revealed that the first respondent-Indian Bank filed a suit in O.S.No.164 of 1980 and obtained a preliminary decree on 20.04.1980 and final decree on 20.03.1985. As per the above said preliminary decree, the first respondent-Indian Bank has filed an execution petition in E.P.No.37 of 1990 under Order 21, Rule 66 of the Civil Procedure Code to sell the mortgage property, since the amount has not been paid by the Judgment-Debtor. It is also revealed that five items of properties mentioned in the execution proceedings were sold on 24.04.1996 in Court auction sale to the second respondent, who is the third party in the execution proceedings. After the Court auction sale, the case was posted on 01.07.1996 for confirmation of sale and the same is subject to result of civil revision petition in C.R.P.No.828 of 1996 filed by the deceased first revision petitioner, which was pending before this Court.