V.K. PALANIAPPA CHETTIAR (DEAD) BY LRS. versus RAMASAMI GOUNDER AND ANR.

V.K. PALANIAPPA CHETTIAR (DEAD) BY LRS. versus RAMASAMI GOUNDER AND ANR.

Where a sale is confirmed under Order 21 Rule 92 CPC and the appeal against the dismissal of the application to set aside the sale is dismissed, without a revision being filed, confirmation of sale attains finality and renders any order allowing an application under Order 34 Rule 5 CPC self-contradictory and unsustainable.

Parties
Appellant Judgment Debtor: V.K. Palaniappa Chettiar (dead) by LRs.; Respondent No.1 (auction Purchaser): Ramasami Gounder; Respondent No.2 (mortgagee, Auction Purchaser): M. Karuppuswamy
Jurisdiction
India
Judgment Date
17 April 2001
Procedural Posture
Civil Appeal / From Order of Madras High Court in Civil Revision Petition No. 513 of 1990 Arising From Execution Proceedings
Outcome
Appeal dismissed
Legal Topics
Auction Sale, Confirmation of Sale, Redemption, Execution of Decree
Civil Procedure Property Law Mortgage Auction Sale Confirmation of Sale Redemption Execution of Decree

Case Brief

Summary, issues, holding and outcome

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Parties

V.K. Palaniappa Chettiar (dead) by LRs.

Appellant Judgment Debtor

Ramasami Gounder

Respondent No.1 (auction Purchaser)

M. Karuppuswamy

Respondent No.2 (mortgagee, Auction Purchaser)

Procedural Posture

Civil Appeal / From Order of Madras High Court in Civil Revision Petition No. 513 of 1990 Arising From Execution Proceedings

Legal Issues

  1. 1 Whether an application under Order 34 Rule 5 CPC for setting aside a sale can be entertained during the pendency of an appeal against confirmation of sale when the application is moved after confirmation has taken place.
  2. 2 Whether two orders—one dismissing appeal against confirmation and one allowing an application under Order 34 Rule 5—can co-exist.

Ratio Decidendi

Where a sale is confirmed under Order 21 Rule 92 CPC and the appeal against the dismissal of the application to set aside the sale is dismissed, without a revision being filed, confirmation of sale attains finality and renders any order allowing an application under Order 34 Rule 5 CPC self-contradictory and unsustainable.

Court Disposition

Appeal dismissed

Orders

  • Order allowing application under Order 34 Rule 5 CPC set aside; confirmation of sale upheld.