M/S Vgn Developers Pvt Ltd. v. Mrs.Vanjulavalli

A.No.5084 of 2025 in A.No.3649 of 2025 in E.P No.149 of 2017 MASTER 18.02.2026

ORDER

1. This application is filed to amend the prayer in A.No.3649 of 2025 and the Master summon's. The applicant has filed the execution petition for recovery of the decreetal amount by way of attachment and sale of immovable properties belonging to the Judgment Debtors morefully described in the execution petition schedule. After due contest made by the Judgment Debtors attachment was ordered subsequent to which proclamation was also ordered and property brought to auction sale. At this juncture the decree holder filed A.No.3649 of 2025 under Order 21, Rule 72 of C.P.C seeking permission of this court to permit him to participate in the auction sale.

2. Now, the present application is filed by the decree holder to amend the prayer in A.No.3649 of 2025 as mentioned in the affidavit filed in support of the application.

3. The Judgment Debtor has filed his counter stating that it should be seen that fairness in the sale is ensured and if the decree holder is permitted to participate in the auction he can discourage the prospective buyer or mislead the buyer and also the price quoted by the decree holder is very less. Except said contention the Judgment Debtor has not spoken any words with regard to the prejudice that would be caused to https://www.mhc.tn.gov.in/judis

him if this application is allowed.

4. The above application filed by the applicant is only a formal application to amend the prayer as specified in the affidavit filed along with the above application and the contentions raised by the Judgment Debtor can only be decided in A.No.3649 of 2025. In view of the same, the contentions raised by the Judgment Debtors are rejected as not tenable and this court is of opinion that no prejudice will be caused to the Judgment Debtor if this application is allowed. Accordingly, this application is allowed. No cost. MASTER https://www.mhc.tn.gov.in/judis