P AMBUJAKSHI Vs. E E SAINUDEEN

JUDGEMENT

(1.) Leave granted.

(2.) The appellants in this appeal are decree-holders in whose favour a money decree was passed in a suit filed by them against the respondent. In execution of the said decree, the property of the respondent was sold by auction on 4/11/1978. It was purchased by the appellants for a sum of rs7610. The respondent judgment-debtor filed an application for setting aside the said sale on the ground of inadequacy of valuation and that sufficient opportunity was not given to the judgment-debtor to deposit the decretal amount. The said application was rejected by the executing court by order dated 14/7/1994. It was held that there was no material irregularity in the sale inasmuch as the judgment-debtor was heard before setting the proclamation of sale. The appeal filed by the respondent against the said order of the executing court was dismissed by the First Additional District judge by judgment dated 31/3/1995. The respondent filed a revision petition before the High court which has been allowed by the impugned judgment. The High court has found:

(3.) After arriving at this conclusion, the High court has proceeded on the basis that in the present case the property was purchased in auction by the decree-holders and purchase (sic) the decree-holder generally has been dealt with differently from a case where a purchaser is a stranger and that courts have shown some leniency in the judgment-debtor when the purchaser is the decree-holder himself. Feeling inclined to show some indulgence to the judgment-debtor, the High court has directed that the sale be set aside on condition that the respondent should deposit a sum of Rs. 7,620. 00 with interest thereon @ 12% per annum from 4/11/1978 till the date of the deposit and afurther sum of Rs. 6,000. 00 as compensation to the legal representatives of the decree-holders. Feeling aggrieved by the said decision of the High court, the appellant decree-holders have filed this appeal.