In Brief
In this civil appeal, the Supreme Court examined the validity of a court auction sale held in 2006 following execution of a money decree. The judgment debtor's summons were returned as undeliverable, yet the execution court proceeded ex parte and ordered auction without effective notice. The Court held that ex parte proceedings without proper service violate natural justice. Publication in Malayalam and notices on the property could not substitute for personal service on someone unfamiliar with the language. The Court set aside the auction sale, directing instead that the judgment debtor pay Rs. 12.50 lakh in full satisfaction of the decree, and allowed the appellant to apply for cancellation of the court auction in the land register.
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