K SARDAR Vs. CANARA BANK VOKALERI BRANCH KOLAR

JUDGEMENT

(1.) The petitioner in this Revision Petition under Section 115 of the Code of Civil Procedure has sought to set aside the Order dated 7-12-1991 made by the Principle Civil Judge, Kolar, in Execution No. 54 of 1989 directing issuance of fresh proclamation to sell in public auction the lorry in question, to confirm the sale held on 29-10-1991 as per the direction of the court and to grant such other reliefs as this Court deems fit in the circumstances of the case.

(2.) Canara Bank, respondent 1 herein, obtained a decree in O.S. No. 118 of1986 for the recovery of a sum of Rs. 3,70,000. Respondents 2 to 7 were the judgment debtors. The decree came to be executed in Execution Case No. 54 of 1989. During the course of the execution proceedings, the lorry bearing registration No. MYK 9631 belonging to the judgment-debtors, was sought to be sold in public auction to realise the decretal amount. Accordingly, by an Order dated 22-12-1990 the court directed sale of the lorry in public auction. Consequently, the lorry was seized and was handed over to a surety by name Srinivasa. It was in the garragc near Darga, Kolar Town.

(3.) Pursuant to the order of the court, the Bailiff conducted sale of the lorry.It is stated that the revision petitioner participated in the auction sale and he offered the highest bid for Rs. 38,000/- which was paid into the court immediately thereafter.