GANESAN Vs. N SEKAR

JUDGEMENT

(1.) THE order passed in E. A. No. 4208 of 2005 in e. P. No. 152 of 2005 in O. S. No. 7780 of 1989 on the file of the court of X Assistant Judge, City Civil Court, Chennai is under challenge in this revision.

(2.) THE said E. A. 4208 of 2005 was filed under Section 47 of CPC. Admittedly, the suit in O. S. No. 7780 of 1989 was filed by the plaintiff for partition of her 1/3rd share in the plaint schedule property. While, the said suit was pending trial, the plaintiff had entered into a settlement with 4th defendant and an affidavit of compromise memo which was recorded and accordingly, a preliminary decree for 2/3rd share was passed and a final decree under I. A. No. 2297 of 1993in O. S. No. 7780 of 1989 was also passed. In the final decree proceedings, on the report filed by the Advocate commissioner as to the effect that the property is a dwelling house which is indivisible cannot be partitioned,in the final decree application, the Court ordered for sale of the property. Both in the preliminary decree proceedings as well as the final decree proceedings, D1 to D3 remained exparte. The public auction was conducted and the third party/the auction purchaser had purchased the property in entirety and had filed E. P. No. 152 of 2005 in O. S. No. 7780 of 1989 for delivery of possession. Only in the above said proceeding, E. A. No. 4208 of 2005 was filed under Section 47 cpc by the 2nd and 3rd defendant challenging the public auction conducted as per the orders of the Court in the final decree proceedings in I. A. No. 2297/1993. The executing court had dismissed the application under Section 47 of CPC filed by D2 and D3 which necessitated D2 and D3 to prefer this revision petition.

(3.) HEARD the learned counsel appearing for the revision petitioners as well as the respondents.