PRABHA CHOUBEY Vs. DEVI PRASAD

JUDGEMENT

(1.) BOTH the appeals i.e. MA Nos. 440/93 & 441/93 have been filed by the auction purchaser against the order dated 14.08.1993 passed by Third Additional District Judge, Durg, in execution case Nos. 8B/91 and 9B/91 whereby the executing court has refused to confirm the sale.

(2.) SINCE common question of law and facts are involved in both the appeals, they are being disposed of by this common order leading case of which is MA No. 440 of 1993.

(3.) THE trial court, vide order dated 01.07.1992 permitted the decree holder to purchase the property in auction; sale proclamation was issued in accordance with provisions contained in Order 21 Rule 66 & 67 of CPC; auction notice was published in daily newspaper; reserve price was fixed at Rs. 1,50,000/- and after completing the formalities the auction was held on