S. MARIYAPPA Vs. SIDDAPPA

JUDGEMENT

(1.) This appeal is against the order of the High Court dated 4.11.1993 whereunder the objections filed by the appellants, u/s. 47 of the Civil Procedure Code, have been dismissed. It must be mentioned that the appellants had earlier also filed objections under Or. 21 R. 90 which had also been dismissed.

(2.) In our view, the High Court has rightly not accepted all the other objections which had been filed by the appellants. However, one objection which needed serious consideration was that before selling the property, the executing court had not considered whether sale of only a part of the property would be sufficient to meet the decretal debt of approximately Rs. 8000.00. The property sold is one acre of agricultural land. It appears to have been sold off for a paltry sum of Rs. 1500.00 plus a prior mortgage debt of Rs. 7000.00. We had called for the proceedings of the executing court and have gone through the same. We find that, at no stage, the executing court considered whether a sale of only a part of the property would be sufficient to meet the decretal debt.

(3.) In the case of Desk Bandhu Gupta V/s. N.L Anand it has been held by this Court as follows :