V.K. Palaniappa Chettiar (Dead) By Lrs vs Ramasami Gounder & Anr

The Supreme Court upheld the Madras High Court's decision allowing an application under Order 34 Rule 5 CPC during the pendency of an appeal against the dismissal of an application under Order 21 Rule 90 CPC. The Court established that such an application can be entertained as the matter remains open until the appeal is resolved, thus maintaining the status of the sale as not final. The judgment-debtor's appeal against the execution proceedings was dismissed, affirming the lower court's ruling.