Draft sale deed was not served on judgement debtor - without complying rule 34 (2) and (3) of order 21 learned judge erroneously executed the sale deed in favour of the degree holder - order set aside.

Citation 

2022-1-L.W. 631

IN THE HIGH COURT OF JUDICATURE AT MADRAS 10.01.2022/C.R.P.(NPD)No.2726 of 2021 and C.M.P.No.19947 of 2021

V.M.Velumani, J.

Antoinette Beaumont

Petitioner

Vs.

Ritha Vincent & another . Respondents

 PRAYER: Civil Revision Petition filed under Section 115 of the Code of Civil Procedure, against the fair and decretal order dated 30.09.2010 made in E.P.No.21 of 2007 in O.S.No.514 of 1985 on the file of the Principal Sub Court, Puducherry.

C.P.C., Order 21 rule 34

Decree holder filed execution petition for a direction to the defendants to execute the sale deed in respect of schedule mentioned property and in default, the court execute the sale deed when the judgment debtor fails to execute the sale deed as per the decree, the court can execute the sale deed after complying with the provisions of Order 21 rule 34 para 8

held: nothing on record to show that draft sale deed was served on judgment

Thank you

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