2025 (1) TMI 927

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....r Counsel for Ms. Srimathi V. For the Respondents : Mr. P.R. Krishnaraj - R2, Mr. Manuraj - R3 ORDER Challenging the Order allowing the application filed under section 151 of Code of Civil Procedure by setting aide the sale deed registered pursuant to the exparte decree passed in O.S.No.21 of 2012 in the execution proceedings with a further direction to the Sub Registrar to make the entry....

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.... petition has been filed in E.P.No.74 of 2013 and in the execution proceedings, the sale deed has been executed by the Court in favour of the revision petitioner. Thereafter, it appears that the exparte decree has been set aside in I.A.No.103 of 2016 and an application has been filed under section 151 of Code of Civil Procedure to set aside the sale and also seeking a direction to make entry in th....

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.... that the Order passed by the trial court has to be interfered. 4. I have perused entire materials. Admittedly, the sale deed has been executed pursuant to the exparte decree passed in the suit filed for specific performance of the contract said to have been executed in the year 2004. Now the said exparte decree has been set aside in I.A.No.102 of 2016 and delay has also been condoned. It is to....

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....ontention of the learned Senior Counsel that the restitution cannot be applied cannot be countenanced. Even assuming that the provision under section 144 of Code of Civil Procedure is not strictly applicable to the facts of the present case, that will not deter the trial Court to exercise its jurisdiction which is inherent in it and arrest the prejudice caused to the parties at the act of the Cour....