CHANNABASAPPA Vs. NANJUNDAPPA

JUDGEMENT

(1.) This is a revision by the petitioner against the order dated 24-3-1986 passed by the Principal Munsiff, Arsikere, in Misc. 1 of 1986, dismissing the same.

(2.) The respondent filed a suit for recovery of money against the petitioner in O.S.No. 175/76 on the file of the Principal Munsiff, Arsikere, and had obtained a decree. The respondent sued out Execution in E.P.No. 133/77 for recovering the said decretal amount. He got attached the petitioner's properties. The properties were directed to be sold on 28/29-7-1978. The sale on the spot was held on 28-7-1978. The Court appeared to have made a note on 29-7-1978 that the bid was accepted. The revision petitioner filed an application LA. II on 29-7-1978 under Order 21 Rule 90 of the C.P.C. That was dismissed. M. A. No. 59/ 1979 filed by him against the said order of dismissal of the Application I. A. II under Order 21 Rule 90 of the C.P.C. was also dismissed on 14-3-1980. He approached this Court with C.R.P. 2760/80 and it was also dismissed on 28-3-1984.

(3.) The sale was confirmed on 6-1-1979. The respondent filed an application in Misc. 28/1983 under Order 21 Rule 95 of the C.P.C. for delivery of sold property. The petitioner after he was served with the notice of Misc. 28/83 filed the present application Misc. 1/1986 on 1-1-1986 alleging that no sale was held in the Court at all and that there was no bid offered by the decree-holder or any one in the Court and thus Rule 138 of the Karnataka Civil Rules of Practice, 1967 is violated and that the same is null and void, and sought for setting aside the sale.