RAMESH Vs. SANTHA DEVI

JUDGEMENT

(1.) A third party to O.S.No.487 of 2003 on the file of the Subordinate Court, Periyakulam at Theni District is the appellant herein.

(2.) The first respondent in the appeal as plaintiff had filed O.S.No.487 of 2003 on the file of the Subordinate Court, Periyakulam for the relief of recovery of money based upon a mortgage. The said suit was decreed on 9/11/2005. Based upon the said decree, the decree holder had filed E.P.No.91 of 2008 to bring the property for Court auction and to recover the money. The Court auction sale was conducted.

(3.) The Judgment Debtor had filed E.A.No.191 of 2009 under Order 21 Rule 90 of C.P.C. alleging that there are irregularities in the conduct of sale and the said application was dismissed on 6/10/2012 and the sale was confirmed on the same day. The Judgment Debtor has not chosen to challenge the said order.