YELLAMANCHILI VEERA RAGHAVAYYA Vs. MADDURI VENKATA SUBBARAYA SASTRI

JUDGEMENT

(1.) This appeal, under Clause 15 of the Letters Patent, is filed by an auction-purchaser against the order of San-jeeva Row Nayudu, J. setting aside that of the District Judge, East Godavari, dismissing a petition filed by the first respondent herein under Order 21, Rule 89, C. P.C.

(2.) The facts material for this enquiry lie in a brief compass and are not in dispute. In execution of a decree obtained by Jaggayya, the second respondent, against the vendor of the first respondent, several Items of proper-lies belonging to the latter were brought to sale. In the proclamation of sale issued under Order 21, Rule 66. C. p. C. a sum of Rs. 91,514-4-0 was mentioned as the amount due and payable by the Judgment-debtor. At the court-auction, the appellant was the highest bidder and so the bid was knocked down in his favour. As such, he became the auction-purchaser.

(3.) The first respondent claiming to be interested in item 6 of the properties deposited Rs. 1,350.00 representing Ihe sate proceeds of that item, and filed a petition under Order 21, Rule 89, C. P. C. to set aside the sale of that item.