Research › Search › Judgment

Madras High Court · body

2012 DIGILAW 3093 (MAD)

C. Kalaimani v. Saroja

2012-07-18

G.RAJASURIA

body2012
Judgment :- 1. These two civil revision petitions have been focussed by the revision petitioner/auction purchaser as against the docket orders dated 14.06.2012 passed by the learned District Munsif, Chidambaram in E.A.No.322 of 2006 and the learned Principal District Munsif, Chidambaram in E.A.No.91 of 2012 in O.S.No.73 of 1995 respectively. 2. Heard the learned senior counsel for the revision petitioner, who would echo the cride coeur of the revision petitioner to the effect that his client happened to be the purchaser of the property in the court auction sale; the judgment debtor took frantic steps to get the auction sale set aside; but her attempt ended in a fiasco. The order passed by this court in CRP (PD) No.1257 of 2009 dated 12.09.2011 would also show that the judgment debtor's attempt was foiled. Thereafter, there could be no impediment for the Executing court to order delivery of the property in favour of the auction purchaser, who already obtained sale certificate. 3. The learned senior counsel for the revision petitioner would also air the grievance of the revision petitioner that the same judgment debtor filed an application under Section 47 of the Code of Civil Procedure to get the decree declared as void and that application is also kept pending and suitable directions might be given for speedy disposal of the same by the court below. 4. I could see considerable force in the submissions made by the learned senior counsel for the revision petitioner. 5. Accordingly, the following order is passed: "The court below shall dispose of the E.A.No.322 of 2006 and the E.A.No.91 of 2012 pending on the file of the learned Principal District Munsif, Chidambaram as expeditiously as possible, so to say, within one month from the date of receipt of a copy of this order." 6. These civil revision petitions are ordered accordingly. However, there shall be no order as to costs.