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As per case facts, the petitioner Society faced a decree for a certain amount, which was confirmed up to the Supreme Court. In execution, the Society's property was sold in
...auction. The Society then challenged the decree's executability under Section 47 CPC and sought to deposit the decretal amount to set aside the sale. Both applications were dismissed, leading to these revision petitions. The question arose regarding the executability of the decree, particularly whether statutory provisions of the Tamil Nadu Societies Registration Act were followed, and if the decree against the Society was valid given the alleged procedural flaws and deceased defendants, and whether the executing court’s dismissal of the judgment debtor’s applications was correct. Finally, the High Court found a mandatory violation of the Societies Act regarding the Society's representation, rendering the decree inexecutable. CRP.No.639 (challenging executability) was allowed, setting aside the executing court's order, while CRP.No.640 (regarding deposit) was dismissed. The Society must refund the sale amount with interest to the auction purchaser within a specified period, failing which the executability petition would be dismissed.
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