BANKAPURE AND CO Vs. UNITED WESTERN BANK LIMITED

JUDGEMENT

(1.) this revision is directed against the order dated 22-6-1990 passed by the II additional civil judge, belgaum in execution petition No. 268/1985. The facts, leading to the instant revision, are as under:

(2.) the revision petitioners filed an application under order 21, Rule 90 of CPC praying for setting aside the sale held in execution petition No. 268/1985 on the file of the II additional civil judge, belgaum. When the matter was posted for evidence on the said application, it appears that the judgment-debtor filed an application praying for time. The learned II additional civil judge by his impugned order rejected the prayer for adjournment, dismissed the application for setting aside the sale for non-prosecution and confirmed the sale. Hence, the instant revision.

(3.) when the matter came up for admissionthe same is taken up for final disposal as desired by the learned advocates appearing for the parties. I have heard the learned advocates on either side. In the light of the submissions made at the bar, the following points arise for consideration: (i) whether the revision petition is maintainable? (ii) what order?