ADDALA BHIMESWARA RAO Vs. SAMAYAMANTHULA SESHARATNAM

JUDGEMENT

(1.) Heard Sri S. Subba Reddy, learned Counsel for the petitioner and Sri Ch. Dhanamjaya, learned Counsel for the respondents.

(2.) The petition under Order 34 Rule 5 of the Code of Civil Procedure is to set aside the sale held on 22.12.2005 in EP No. 17 of 2004 in OS No. 19 of 1994 on the file of the Court of Senior Civil Judge, Razole, and the petitioner contended that he is entitled to have the sale so set aside by depositing the decreetal amount, solatium and poundage so long as the sale has not been finally confirmed.

(3.) In Yanamandala Rama Rao v. Ganta Ratnavathi, 2003 4 ALD 594, a learned Judge of this Court following Kharaiti Lal v. Raminder Kaur, 2000 2 ALD(SC) 86 held that deposit of the entire decreetal amount during the pendency of the appeal should result in the auction sale being set aside with reference to Order 34 5 of the Code of Civil Procedure.