SEETHA ARUNACHALAM Vs. ANDHRA BANK LIMITED

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order and decretal order dated 22.04.2014 made in E.P.No.95 of 1978 in O.S.No.403 of 1976 on the file of the Principal Sub Court, Coimbatore.

(2.) The petitioners/judgment debtors are respondents 3 to 5, the first respondent / decree holder is the petitioner, the second respondent is the first respondent and the respondents 3 to 5 are the respondents 6 to 8 in E.P.No.95 of 1978. The 6th respondent is the son of Late Shanmugam Chettiar, the auction purchaser.

(3.) The first respondent filed O.S.No.403 of 1974 against the second respondent herein, P.S.S.Somasundaram Chettiar, The Kaleeswara Mills Limited (in Liquidation rep. by the Official Liquidator) and the Tamil Nadu Textile Corporation Ltd. for recovery of money. The said suit was decreed exparte on 15.04.1976. The first respondent filed E.P.No.95 of 1978 to realise the decretal amount by attachment of sale of eight items of the properties. The 8th item was the absolute property of Mr.P.S.S.Somasundaram Chettiar (hereinafter referred to as 2nd defendant). On 06.09.1979, one Shanmugam Chettiar, the father of the 6th respondent herein purchased Item No.8 for Rs.6,26,000/- in the court auction sale. The second defendant and his son Sathappan filed E.A.Nos.418 of & 419 of 1983 respectively, under Order XXI Rule 90 CPC, to set aside the action sale dated 06.09.1979.