S.Amoulore v. Arikrishnan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2020

CORAM

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN S.Amulore ... Petitioner ...Versus...

1.Arikrishnan 2.Anthoni 3.Arulmari ... Respondents PRAYER:This Civil Revision Petition has been filed under Section 115 of C.P.C, against the fair and decreetal order dated 26.03.2008 in E.A.No.883 of 2006 in E.P.No.205 of 2003 in O.S.No.350 of 2001 on the file of Principal District Munsif, Tirukoilur. For Petitioner ::

Mr.K.Selvaraj For Respondents ::

No appearance 1/4

O R D E R

The respondents are served, none appeared.

2. The Auction Purchaser is the revision petitioner herein.

3. The first respondent filed a suit in O.S.No.350 of 2001 for recovery of money due on the suit promissory note, and the same was decreed against the second and third respondents herein and hence, he filed E.P.No.205 of 2003 on the file of learned Principal District Judge, Tirukovilur and the property belonging to the judgment debtor was attached and subsequently sold in Court auction. The Sale Certificate was issued on 05.01.2005. Thereafter, on verification, it is found that there is no Survey No.62/2B. It ought to have been 66/2B and hence, he filed E.A.883/2006 to amend the Survey Number in the Sale Certificate which was issued to him, pursuant to the Court auction sale, the said petition was dismissed and hence, this Civil Revision Petition.

4. In the E.P proceedings, the immovable properties are attached and valued. It appears that the properties were marked as proclaimed for sale and the sale have been effected thereafter. 2/4

5. Taking into consideration that there is no Survey Number in the village and hence, in exercise of powers conferred upon this Court, Survey No.62/2B has been deleted and Survey No.66/2B stands substituted in the Sale Certificate (ordered to be deleted and ordered to be substituted.

6. Accordingly, this Civil Revision Petition is allowed. No costs. 27.02.2020 nvi Index:Yes/No Internet:Yes/No Speaking Order:Yes/No Note: Issue order copy on 05.03.2020 To The Principal District Munsif, Tirukoilur 3/4

RMT.TEEKAA RAMAN,J., nvi Order in 27.02.2020 4/4