SHANKER Vs. DISTRICT JUDGE MIRZAPUR

JUDGEMENT

(1.) BY means of this writ petition, the petitioner who was judgment debtor seeks quashing of the orders dated 4th August, 1986 passed by respondent no. 2 (Annexure 1) and the order dated 20th August, 1981 passed by respondent no. 1 (Annexure 2) to the writ petition.

(2.) BRIEF facts are that house property belonging to the petitioner was sold in execution of the decree against him and then he filed objection under Order XXI Rule 92 CPC which was rejected by executing court by order Annexure 'I' and later by District Judge in appeal by order Annexure '2'.

(3.) THE second submission of Sri Pathak is that sale could not have been legally made absolute until order was passed by High Court, in revision earlier filed, which was decided by order dated 4th September, 1970. By the said order, copy of which is not filed, it is said that this court remanded the case with the direction that objections filed by the petitioner against the sale be disposed of. I do not agree with the submission in-as-much as no stay order was passed in revision by this Court for staying confirmation of sale. Unless a stay order was passed, executing court was free to confirm the sale. Confirmation of sale will not become invalid simply because this Court passed an order in revision on a subsequent date directing the executing court to dispose of the objections made against sale.