SAMINATHAN Vs. MANAGER STATE BANK OF INDIA

JUDGEMENT

(1.) THIS Civil Revision Petition is filed by the Defendant to set aside the order dated 29.10.2008 in EP.No.6/2006 in OS.No.677/1998 passed by the learned District Munsif, Karur, confirming the sale and issuance of sale certificate.

(2.) THE back ground facts need to be noted in brief are as follows:- THE above said suit was filed by the 1st Respondent Bank/ Plaintiff for recovery of money and the suit was decreed exparte. In the proceedings for execution of the decree in EP.No.6/2006, the 2nd Respondent purchased the Petitioner/judgment debtor's property for a sum of Rs.45700/- and the sale was confirmed on 29.10.2008. As against the confirmation of sale, the Petitioner/Judgment debtor has filed this Civil Revision Petition contending that the executing court ought not to have proceeded with the sale of entire six items of the properties and it is obligatory on the part of the executing court to bring only such portion as would satisfy the decree at the first instance.

(3.) THE learned counsel for the Petitioner drew the attention of this court to the deposit of the decree amount made by him pursuant to the order of this court granting interim stay in this Civil Revision Petition in MP.NO.2/2008 and pleaded that notwithstanding confirmation of sale, due to pendency of this Civil Revision Petition and stay granted, the sale in favour of the auction purchaser has not become absolute and hence appropriate relief could be granted to the Petitioner/judgment debtor.