S S DAYANANDA Vs. K S NAGESH RAO

JUDGEMENT

(1.) Delay condoned.

(2.) This special leave petition arises from the judgment and order dated 16/7/1996 passed by the learned Single Judge of the Karnataka High court in CRP No. 5643 of 1990.

(3.) The first respondent suffered a decree in a sum of Rs. 3825.25 for recovery of which his property was brought to sale on 18/12/1978 and the petitioner purchased the same for a sum of Rs. 67,000. 00. An application was filed by the respondent under Order 21, Rule 90 of the Code of Civil Procedure (CPC) impugning the legality of the sale conducted. The executing court dismissed the application by order dated 16/8/1990. On appeal, the appellate court set aside the order of the executing court and allowed the petition declaring that the sale was illegal. On revision, the High court by the impugned order has confirmed the same. The finding recorded by the appellate court and the High court is that non-compliance of the procedure required under Order 21, Rule 64 Civil Procedure Code had vitiated the sale.