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1 - 4 of 4 (0.17 seconds)The Code of Civil Procedure, 1908
Vincent Antony Jabamalai Fernando And ... vs S.A. Thomas Fernando And Ors. on 4 August, 1977
10. This Court in Theckala Antony v. Thomas
and Others [2008 (4) KLT 486] has held that if a sale
is conducted in violation of Order XXI Rule 72 of the
Code, it is sufficient enough to set aside the sale
without even establishing that any substantial injury
caused by such sale.
Commit Of Mgt.Bapu P.U.M.Vidyalaya vs Anoop Chandra Pandey Principal ... on 3 September, 2019
7. The learned counsel appearing for the 2 nd
respondent contended that the original petition is not
maintainable because the petitioner has an alternate
remedy of appeal as provided under O.XLIII (1)(j) of
the Code. The petitioner ought to have alerted the
Family Court regarding the pendency of Ext.P3
OP (FC).No.699 OF 2019
6
application. The petitioner was adopting a wait and
watch policy and has approached this Court only after
the sale was conducted. He relied on the decisions of
this Court in Arunima P.T. v. Anoop [2020 (1) KHC
749] and Ravikumar T.K. v. Punjab National
Bank and Others [2019 (2) KHC 421] to fortify his
contentions.
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