JAGU ANYABA ADHAV Vs. BAJRANG AUBA JADHAV

JUDGEMENT

(1.) This revision application arises out of an application by the judgment-debtor under O.21, R. 89, C. P. C.

(2.) The relevant facts are as follows; In execution of a money decree certain property belonging to the judgment-debtor was put up for sale. The amount for which the property was sold was Rupees 412.91. The sale was held on 19-4-1961. On 16-5-61 the judgment debtor deposited in the executing Court Rs. 412.9l. The summer vacation for the executing court commenced within thirty days of the date of the sale and the Court reopened after summer vacation on 5th June 1961. On 5th June 1961 the judgment-debtor deposited in the executing Court Rs. 25 more and applied for setting aside the sale under O.21, R. 89 C. P. C.

(3.) This application was opposed by the auction purchaser and the decree- holders on the ground that the conditions laid down by Order 21 Rule 89 C. P. C. were not complied with, hence the sale could not be set aside.