Execution petition sale papers were rejected over an alleged 2012 mortgage. The High Court directed the petitioner to file fresh sale papers with endorsements on earlier mortgages and the execution court to process them and restore the E.P.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P.(MD)No.562 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.11.2024
CORAM
THE HON'BLE MR.JUSTICE G.ILANGOVAN
C.R.P.(MD)No.562 of 2021 and C.M.P.(MD).No.3020 of 2021
PR.Alagappan
... Petitioner/Petitioner
Vs. P.Chellammal ... Respondent/Respondent
PRAYER : Civil Revision Petition is filed under Article 227 of the Constitution of India, to call for the records relating to the docket order of rejection of sale paper, dated 25.11.2019 made in E.P.No.39 of 2016 in O.S.No.45 of 2015 on the file of the Sub Court, Devakottai and set
aside the same and consequently, directing the learned Court below to receive the sale papers.
For Petitioner : Mr.R.Sundar Srinivasan
For Respondent : Mr.K.R.Ramarajan
ORDER
This revision petition has been filed to set aside the docket order of rejection of sale paper, dated 25.11.2019 made in E.P.No.39 of 2016
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in O.S.No.45 of 2015 on the file of the Sub Court, Devakottai.
2.Heard the counsel on either side.
3.The learned counsel for the petitioner submits that after passing
of the decree in the suit, the above said E.P was filed before the execution Court. The sale papers also produced in the above said E.P. By the impugned order, the sale papers was rejected citing the mortgage created in the year 2012. He would further submitted that the mortgage that is pointed out by the execution court itself was also time bared. That cannot be taken into account.
4.The petitioner must rectify all the defects pointed out by the execution Court. The petitioner shall appear before the concerned Court itself and file fresh sale papers, making endorsement in respect of the earlier mortgages. Considering the facts and circumstances of the case, there shall be a direction to the Execution Court namely the Sub Court, Devakottai, to process the Sale papers as per law and proceed with execution process by restoring the execution petition. For that purpose
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the original sale papers be returned to the revision petitioner by the
Registry by following due procedure of law.
5.With the above said directions, this civil revision petition stands
disposed of. No costs. Consequently, connected miscellaneous petition is also closed.
06.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No TM
To
1.The Subordinate Judge, Devakottai.
2.The Section Officer, E.R.Section/V.R.Section,
Madurai Bench of Madras High Court, Madurai.
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C.R.P.(MD)No.562 of 2021
G.ILANGOVAN ,J.
TM
C.R.P.(MD)No.562 of 2021
06.11.2024
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1 issue framed by the court
Whether the execution court's rejection of sale papers citing a 2012 mortgage was justified, and how the defects could be cured.
1 provisions across 1 enactments
PR.Alagappan
P.Chellammal
G.Ilangovan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
