H N VINAYAKA Vs. FIRM OF H VENKATASASTRY

JUDGEMENT

(1.) This appeal under Order 43 Rule 1 CPC is by judgment-debtors 2, 6, 9 & 11 in Ex.Case 516/1971 on the file of the Principal Civil Judge, Shimoga, and directed against an order made on I.A. 10, preferred under Rule 90 of Or.21 CPC, refusing to, set aside a Court sale of certain agricultural lands belonging to tham.

(2.) The grounds on which the sale was questioned were: (1) there was collusion between the decree-holder and the Amin as a result of which a wholly inadequate price was fetched by the sale and also that the auction purchaser was none other than a clerk in a 'Mandi' belonging to the relative of the decree-holder; (2) the sale was not held between the hours of 11 A.M. to 5 P.M.; (3) there was no proper publication of sale proclamation; (4) the sale was conducted at the village panchayat hall and not at the spot; (5) the execution could not proceed on account of a stay order issued by this Court which was operative during the period between 21-2- 1973 and 29-5-1973; and (6) the, sale of agricultural land had been prohibited by a certain law in force at the time.

(3.) In all 5 plots of garden land, aggregating to 2 acres and 11 guntas in area, were sold in the Court sale on 18-6-1973 for a consideration of about Rs.30,000, pursuant to an execution of a decree for sale.