Y RUPLA NAIKA Vs. MOHAMMED MUSTHAFA

JUDGEMENT

(1.) This appeal was originally filed by Judgment Debtor and on his demise during the pendency of present proceedings, his legal heirs have been brought on record and they are prosecuting this appeal questioning the correctness and legality of the order passed by Civil Judge (Sr. Dn), Chickmagalur dated 02.03.2006 in Execution Petition No. 73/2004 whereunder application filed by original Judgment debtor under Order XXI Rule 90 read with section 151 of C.P.C. seeking for setting aside the sale in respect of property bearing Sy. No. 315/1 and 315/2 measuring 1 acre 8 guntas situated at Hiremagalur Village, Kasaba Hobli, Chickmagalur (alienated-converted to residential purpose) has been dismissed. Facts in brief leading to filing of this appeal can be crystalised as under:

(2.) An application Interlocutory Application No. V was filed by the decree holder to permit him from participating in the auction and set-off in respect of decretal amount towards purchase money was sought for. Said application was allowed by the Executing Court by Order dated 11.03.2005. By order dated 05.07.2005 sale warrant and sale proclamation came to be issued. Date of spot bid was fixed as 23.08.2005 and for final bid before Court, date was fixed as 03.09.2005.

(3.) Aggrieved by order dated 05.07.2005 original judgment debtor filed a writ petition before this Court in W.P. No. 20270/2005. An order came to be passed staying all further proceedings subject to judgment debtor depositing a sum of Rs. 4,00,000/- within two weeks. Undisputedly, said amount was not deposited by judgment debtor. Thereafter, writ petition came to be dismissed by this Court by order dated 04.01.2008 as having become infructuous and sale having been questioned in the present appeal.