PANNA DEVI Vs. RAM PRASAD PANDEY

JUDGEMENT

(1.) This appeal arises from the judgment of the Allahabad High Court who had allowed a writ petition filed by the respondent whereby the High court had come to the conclusion that the objections filed by the said respondent to the court auction were within time and the conclusions to the contrary arrived at by the executing court were not correct.

(2.) Briefly stated, the facts are that on 14-4-1958 in a suit filed by PBAS inter College Hathras, a decree for money was passed against the respondent. When the decretal amount was not paid, the Court directed sale of the property being agricultural land which is the subject-matter of this appeal, by public auction.

(3.) Prior to 1972 attempts were made to sell the said land by court auction but the matter never came to an end as the bid money was never deposited and the decree remained unsatisfied.