LAWS(KAR)-1986-3-39

BASAVANTAPPA Vs. GANGADHAR NARAYAN DHARWADKAR

Decided On March 26, 1986
BASAVANTAPPA Appellant
V/S
GANGADHAR NARAYAN DHARWADKAR Respondents

JUDGEMENT

(1.) This is a revision by the auction purchaser against the order dated October 4, 1985, passed by the Munsif, Dharwar, in Execution Case No. 54 of 1984, setting aside the sale dated July 26, 1985.

(2.) The decree-holder brought the property of the judgment-debtor to sale. The final bid was held on July 26, 1985, and it was accepted on the same day. The judgment-debtor deposited the amount on August 29, 1985. There was some slight deficit in the amount and it was also deposited on September 6, 1985. On September 6, 1985 itself, the judgment-debtor filed an application under Order 21, rule 89 of the Code of Civil Procedure for setting aside the sale.

(3.) The auction purchaser resisted this petition. The trial court overruled the objections of the auction purchaser and set aside the sale. Hence, the revision by the auction purchaser.