P NARAYANAN Vs. K BASKARAN

JUDGEMENT

(1.) THE order passed in E.A.No.80 of 2006 in E.P.No.379 of 2004 in O.S.No.1213 of 1996 by the Principal District Munsif Court, Nagercoil, upheld in C.M.A.No.11 of 2006 by the Second Additional Subordinate Court, Nagercoil is being challenged in the present civil miscellaneous second appeal.

(2.) THE appellant herein as petitioner has filed the petition in question under Order 21 Rule 90 of the Code of Civil Procedure, 1908 praying to set aside the sale made in E.P.No.189 of 1998 on 22.01.2004, wherein the present respondents have been shown as respondents.

(3.) THE Principal District Munsif Court, Nagercoil, after considering all the contentions raised on either side, has dismissed the petition. Against the dismissal order, the petitioner as appellant has filed C.M.A.No.11 of 2006 on the file of the first appellate Court. THE first appellate Court, after hearing both sides and after evaluating the evidence available on record, has dismissed Civil Miscellaneous Appeal, whereby and whereunder confirmed the order passed in E.A.No.80 of 2006. Against the concurrent judgments, the present Civil Miscellaneous Second Appeal No.8 of 2009 has been filed on the file of this Court.