S.C.Prabakaran v. C.Thangavel
Case brief
What is this about?
Execution/auction-sale case: third-party subsequent purchaser S.C.Prabakaran (counsel R.Prabakar) challenged, by CRP under Article 227, the Tiruppur Principal Subordinate Judge's order in E.A.No.6 of 2025 cancelling the 2018 court-auction sale in E.P.No.15 of 2013 (refund decree in specific-performance suit O.S.No.73 of 2011, Rajasekar v. Thangavel) without impleading auction purchaser Balakrishnan or himself; judgment debtor Thangavel (appeared in person) claimed decree amount paid in 2017. Held: auction purchaser a necessary party (admitted in judgment debtor's affidavit); order behind necessary parties' back unsustainable; CRP allowed, EA order set aside, remanded for fresh disposal within three months after notice to all concerned; interim protection of 1st respondent's possession. Keywords: set aside auction sale, necessary party, subsequent purchaser, natural justice hearing, Article 227 revision, Executing Court, Tiruppur, Madras High Court, 03-06-2026.