S V KANAKARAJ Vs. VIJAYA BANK

JUDGEMENT

(1.) This is an appeal by judgement-debtors 4, 5 and 6 against the order dt. 5-4-1982 passed by the Civil Judge, Chickmagalur, in Execution Case No. 159 of 1976 rejecting I.A. No. 6 filed by judgement debtors 2 and 4 under O.21, R.90 read with S.151, C.P.C. and rejecting I.A. No. 7 filed by judgement debtors 5 and 6 under O.21, R.90 read with S.151, C.P.C.

(2.) The decree-holder Vijaya Bank is respondent 1 in the revision. The decree-holder Vijaya Bank obtained a decree against judgement-debtors 1 to 8 in O.S. 21 of 1979. Judgement-debtor 1 is the firm. Judgement-debtor 2 S.K. Venkatachala Setty is shown as a partner of the said firm. It is now submitted before me that S.K. Venkatachala Setty is dead. Therefore the execution is proceeded with by the decree-holder against judgement-debtors 3 to 7.

(3.) The property was brought to sale by the decree-holder Bank. The sale was held on the spot on 7-3-1979 and the sale took place in the Court on 9-3-1979. The present auction purchaser respondent 5 was the highest bidder for Rs. 75,000/-. The Court accepted the highest bid of auction purchaser respondent 5 on 9-3-1979 and directed that he should deposit 1/4th of the bid amount immediately and adjourned the case to 11-4-1979 for confirmation of the sale.