Selvaraj, v. Rajendran
Case brief
What is this about?
The Madras High Court dismissed a Civil Revision Petition challenging an order in execution proceedings. The court held that since the petitioner sold the property during the suit, only the subsequent purchaser can object to the attachment.
What did the court decide?
Civil Revision Petition dismissed with observation that objection to attachment lies with the subsequent purchaser.
What the court decided
C.R.P.(MD)No.205 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.03.2023
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
C.R.P.(MD)No.205 of 2021 and C.M.P.(MD)No.1257 of 2021
Selvaraj, S/o.Vellaichamy
.. Petitioner
Versus
Rajendran, S/o.Murugan
.. Respondent
Prayer :- Petition filed under Section 115 of C.P.C., against the order and decree dated 17.03.2020, made in E.P.No.62 of 2018 in O.S.No.33 of 2014, on the file of the Additional District Court, Dindigul, Dindigul District.
For Petitioner : Mr.G.Gomathi Sankar
Issues for consideration
2 issues framed by the court
Whether the Civil Revision Petitioner has merits of objection to the execution proceedings as he sold the property during the pendency of the suit.
Whether the objection lies with the subsequent purchaser who acquired the property during the pendency of the suit.
Parties & counsel
- petitioner
Selvaraj (S/o.Vellaichamy)
- respondent
Rajendran (S/o.Murugan)
Coram
C. Saravanan
Case details
As recorded by the court registry
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