JUDGEMENT
R.BANUMATHI,J. -
(1.) Leave granted.
(2.) Being aggrieved by allowing of the Revision Petition filed by the respondent-decree holder and setting aside the
order passed in E.A.No. 946/2006 in E.P.No. 267 of 2005 in
O.S. No. 271 of 1999 (on the file of Principal Sub Court,
Tirunelveli), the appellant-judgment debtor has preferred this
appeal.
(3.) The brief facts of the case are as follows: Respondent filed a suit being O.S. No. 271 of 1999
against the appellant with respect to recovery of money. It
was decreed in favour of respondent vide order dated
22.02.2002. Respondent filed Execution Petition No. 158/2004 before the Court which was dismissed for default on
05.10.2004. Respondent filed another Execution Petition No. 267/2005. As no one appeared on behalf of the appellant- judgment debtor, the order was passed ex-parte in Execution
Petition No. 267/2005 on 26.09.2005. Summons were returned;
due to non-serving of summons, a publication was also made
with respect to the auction of the property in the local
newspaper. Subsequently, the property was sold in court
auction on 03.02.2006 and the respondent-decree holder himself
made a bid of the suit property for Rs.6,00,001/-. The sale
was confirmed in the favour of respondent.;
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