S. SIVAPRAKASAM versus B.V. MUNIRAJ AND ORS.

S. SIVAPRAKASAM versus B.V. MUNIRAJ AND ORS.

Auction purchasers in money decree, having taken possession and stepped into shoes of the mortgagor, are entitled to make application for final decree under Order XXXIV, Rule 5 CPC and obtain discharge of the mortgage; appellant auction purchaser under mortgage decree does not get precedence.

Parties
Appellant: S. Sivaprakasam; Respondent: B.V. Muniraj; Respondent: B.V. Rangaraj; Respondent: S. Palaniswamy; Mortgagee: Catholic Syrian Bank Ltd.; Mortgagor: Manickam Mudaliar
Jurisdiction
India
Judgment Date
03 April 1997
Procedural Posture
Civil Appeal / Appeal by Special Leave From Madras High Court Judgment Dated 23.9.85 in C.r.p. No. 4307 of 1984
Outcome
Appeal dismissed
Legal Topics
Mortgage Foreclosure, Auction Sale, Final Decree, Order XXXIV CPC, Order XXI CPC
Civil Procedure Property Law Mortgage Foreclosure Auction Sale Final Decree Order XXXIV CPC Order XXI CPC

Case Brief

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Parties

S. Sivaprakasam

Appellant

B.V. Muniraj

Respondent

B.V. Rangaraj

Respondent

S. Palaniswamy

Respondent

Catholic Syrian Bank Ltd.

Mortgagee

Manickam Mudaliar

Mortgagor

Procedural Posture

Civil Appeal / Appeal by Special Leave From Madras High Court Judgment Dated 23.9.85 in C.r.p. No. 4307 of 1984

Legal Issues

  1. 1 Whether purchasers in money decree are entitled to application for passing final decree under Order XXXIV, Rule 5 CPC
  2. 2 Whether Section 52 of Transfer of Property Act applies
  3. 3 Distinction between Order XXI and Order XXXIV CPC

Ratio Decidendi

Auction purchasers in money decree, having taken possession and stepped into shoes of the mortgagor, are entitled to make application for final decree under Order XXXIV, Rule 5 CPC and obtain discharge of the mortgage; appellant auction purchaser under mortgage decree does not get precedence.

Court Disposition

Appeal dismissed

Orders

  • No costs