CHANDRASHEKAR Vs. M/S. VYSYA BANK HAVING ITS HEAD OFFICE AT NO. 489, AVENUE ROAD BANGALORE, REPRESENTED BY ITS MANAGER AND C.N. MOHAN S/O. A NAGARAJ

JUDGEMENT

(1.) UNDOUBTEDLY before the Executing Court the appellant -Judgment Debtor did not file an application under Rules 89, 90 and 91 CPC to set -aside the sale and therefore, the Executing Court did not pass any order refusing to set -aside the sale but confirmed the sale by the order impugned. If that is so, the order does not fall under Order XLIII Rule 1');">1(j) of CPC and therefore, not an appealable order. If that is so, then the very appeal filed before the lower Appellate Court invoking the aforesaid provision of law itself was not maintainable. Learned counsel for the appellant submits that the appellants did file W.P. No. 9554/2007 which was withdrawn with liberty to file a appeal. In that view of the matter, reserving liberty to the appellant to seek review of the said order or permission of the court to restore the writ petition to file and have his grievance over confirmation order passed by the Executing Court.

(2.) APPEAL is accordingly dismissed.