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Issues: Challenge to auction sale, application for temporary injunction, maintenance of status quo, jurisdiction of civil court in tax recovery proceedings, validity of auction sale, interference in lower court's order.
In this case, the plaintiff challenged the auction sale of a property and sought a declaration that the sale was null and void. The plaintiff also requested a permanent injunction to prevent the defendants from transferring or disturbing the possession of the property. The plaintiff filed an application for temporary injunction, which was initially refused by the munsif but later granted by the learned District Judge, directing maintenance of status quo. However, the appeal was dismissed, and the order was vacated. The plaintiff argued that the civil court had no jurisdiction to execute a decree for money recovery against the suit property due to tax recovery proceedings initiated prior to the auction sale. The plaintiff's right to the property was claimed to be intact. The defendant contended that the auction sale was valid and prior to any tax recovery proceedings. The High Court held that the lower court had acted with material irregularity by not considering all relevant questions. The court noted that the plaintiff was in possession of a portion of the property, and to avoid multiplicity of proceedings, the status quo should have been maintained until the application for temporary injunction was heard. The case was remanded to the trial court for expeditious hearing of the application for temporary injunction while maintaining the status quo of the property. The High Court clarified that it had not expressed any opinion on the merits of the case, and the trial court should decide the matter without being influenced by the High Court's observations. The impugned order was set aside, and the case was sent back to the trial court for further proceedings. Overall, the judgment addressed the challenge to the auction sale, the application for temporary injunction, the issue of maintaining status quo, the jurisdiction of the civil court in tax recovery proceedings, and the validity of the auction sale. The High Court intervened to ensure proper consideration of all relevant aspects and directed the trial court to handle the temporary injunction application promptly while preserving the status quo of the property.
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