M SUBRAMANIA MUDALIAR Vs. K JANARDHANAM

JUDGEMENT

(1.) C.R.P.Nos.236 to 245 of 1997 are filed under Sec.115, C.P.C. They have not been admitted so far. The other revision is filed under Art.227 of the Constitution of India. In that case, I have ordered notice of motion, and when that revision was heard, it was represented that C.R.P.Nos.236 to 245 of 1997 are also to be heard and, therefore, as per order passed by My Lord the Honourable Chief Justice, all these revision petitions were heard together.

(2.) SINCE respondents have also entered appearance in all the revisions, I am disposing of all these revisions on merits, even though there is no formal order of admission in the other civil revision petitions.

(3.) WHILE so, insolvency proceedings were initiated against the father and two of the brothers of the plaintiffs in I.P.No.85 of 1972, and, on 24.9.1973, first defendant and two of his sons, i.e., Radhakrishna Chetty and Balasubramanianan were declared insolvents. The Official Assignee took possession of the properties. On knowing about the proposed sale by Messrs Chandramani and Company, the Official Assignee filed I.A.No.625 of 1973 in the insolvency proceedings, seeking stay of the sale by the auctioneers and interim stay was granted. Thereafter, the next friend of the plaintiffs filed a counter affidavit, and in the suit, the Official Assignee was also impleaded as a party. Later, as per order dated 24.9.1973, the Insolvency Court directed that the sale may be held and the amount realised by the sale be deposited with the Official Assignee, through the Auctioneers, and that after the amount due under the three mortgages is determined, the amounts due under those mortgages will be paid. Pursuant to the same, sale was held, and the present 24th defendant became the auction purchaser.