RAGHUNATH GOUDA Vs. G.D. VENKATESH

JUDGEMENT

(1.) "i) Whether JDR No.3 can seek setting aside of auction sale of the property attached in Execution Proceedings No.27/2018?

(2.) These two appeals arise out of an order dtd. 26/3/2021 passed by Senior Civil Judge, Huvinahadagali, in Execution Petition No.27/2018. R.F.A.No.100051/2021 is filed by objector Nos.1 and 2 challenging the order passed on I.A.No.14 filed by them under Order XXI Rule 97 read with Sec. 151 of CPC to determine the right, title or interest in the property described in the scheduled appended to the application in the said execution petition whereas R.F.A.No.100140/2021 is filed by JDR No.3 under Order XXI Rule 89 of CPC to set aside the auction sale dtd. 28/4/2018 conducted by the Executing Court.

(3.) Parties to these appeals are referred as per their ranks before the Executing Court for the purpose of convenience.