G CHANDRASEKARAN Vs. PALANIAPPA COMPANY

JUDGEMENT

(1.) AUCTION-PURCHASER is the revision-petitioner aggrieved against the order of dismissal of the application in E. A. No. 98 of 2000 in E. P. No. 34 of 1988 in o. S. No. 90 of 1977, dated 7-8-2003 of the learned Principal Subordinate Judge, thanjavur, the auction-purchaser has preferred this Civil Revision Petition.

(2.) THE simple mortgage decree has assumed manifold dimensions resulting in war of litigations between the parties. The litigation is now centered around the land in 31220 sq. ft. , in the area said to be of commercial and residential importance in tanjore. The disputed property 31220 sq. ft. (about 13 grounds) comprised in T. S. No. 3074/1a, IB, 1c bearing Door No. 12-A, selvam Nagar, Tanjore Town. The said property belonged to one Pakkirisami pillai. Respondents 2 to 7 are related as under :-

(3.) O. S. No. 90 of 1977 :-The Suit Property was mortgaged in the name of the First respondent-Palaniappa Company. The mortgagee filed this mortgage suit for recovery of the suit amount. Preliminary decree was passed on 5/7/1978; final decree was passed on 29/4/1980. For sale of the mortgaged property, E. P. No. 34 of 1988 was filed. Earlier, the property was sold in the Court auction on 3/7/1989 and the property was purchased by the decree-holder himself for rs. 2,00,100. 00. Alleging irregularities and fraud in conducting of the sale, E. A. No. 165 of 1989 was filed under Or. XXI, R. 90, CPC. That application was allowed and the sale was set aside on 28-10-1991. Ten years thereafter, the property was again brought for sale. The Auction-Purchaser purchased the property in the Court auction sale for almost the same amount of Rs. 2,00,200. 00 on 21-6-1999. The sale was confirmed on 7-10-1999.