P S RANGANATHAN Vs. AIMAI N IRANI

JUDGEMENT

(1.) THIS CRP is against the order confirming the sale and issuance of sale certificate in favour of the second respondent, auction purchaser, and dismissing the application of the petitioner to set aside the sale by the Executing Court and which order has been confirmed by the first appellate Court.

(2.) THE shortfacts of the case are that the first respondent filed execution Petition No. 117/88 for recovery of Rs. 1,28,000/ -. The sale of Sy. No. 23/2, 23/6b, measuring 1 acre 29 guntas and 0-25 guntas respectively of Nimbekaipura village, Bidarahalli hobli, Bangalore south Taluk, was sought for. The sale at the spot was directed to be held on 24. 7. 90 and sale on Court on 28. 7. 90. It is alleged that on 28. 7. 90 the Presiding Officer was on leave and on 8. 8. 90 an application was filed by the auction purchaser and the case was advanced and auction purchaser was permitted to pay the balance bid amount. Objection was raised by the judgment debtor by filing i. A. 4. Ultimately, by order dated 22. 12. 90 the trial Court has dismissed the application of the judgment-debtor and allowed application for confirmation of sale.

(3.) THE sale was questioned by the judgment-debtor on various grounds and ultimately over-ruling the objections of the judgment-debtor the sale was confirmed and the sale certificate was directed to be issued. The appellate Court confirms such an order holding that the objections raised by the judgment-debtor are untenable.