LAWS(MAD)-2018-10-605

AKILANDAM AMMAL (DECEASED) Vs. S. VARADARAJAN

Decided On October 25, 2018
Akilandam Ammal (Deceased) Appellant
V/S
S. VARADARAJAN Respondents

JUDGEMENT

(1.) This Civil Revision Petition is filed by the Judgment Debtor, challenging the order dated 26.03.1998 in C.M.A.No.47 of 1995 passed by the II Additional District Judge, Salem, confirming the order passed by the learned Additional Subordinate Judge, Salem in R.E.A.No.761 of 1982 in R.E.P.No.155 of 1979 in O.S.No.95 of 1956 on the file of the Additional Subordinate Judge, Salem.

(2.) The facts preceeding in filing of the revision are as follows:

(3.) Thereafter, the said Periyanna Gounder and Raja Gounder had filed Execution Proceedings in R.E.P.No.155 of 1979 to execute the order by attaching the schedule property. This schedule property was attached and brought to sale. The Judgment Debtor had filed R.E.A.No.761 of 1982 (Which is the subject matter of the revision) for setting aside the sale held on 11.12.1980. The application was moved under the provisions of Order 21, Rule 89 and section 151 of the Code of Civil Procedure. This application was filed on 16.11.1982. Prior to the filing of this application, the Judgment Debtor had deposited the sum of Rs. 5,708.20.00 which was the amount due towards mesne profits together with poundage and commission charges. This amount was deposited into Court on 05.02.1981.