VEPA SATYANARAYANAMURTHY Vs. CHEKKA BHAVANARAYANA AND OTHERS

JUDGEMENT

(1.) This is a Civil Miscellaneous Appeal against the order of the learned Subordinate Judge, Visakhapatnam, dismissing the application filed by the appellant for setting aside the sale on the ground that he failed to furnish security within the time prescribed.

(2.) In execution of the decree in O. S. No. 38 of 1924 on the file of the Court of the Subordinate Judge, Visakhapatnam, the land in Allipudi, which was described as item I in the sale proclamation, was brought to sale and purchased by the 4th respondent. The appellant, who is the second judgment-debtor, filed an application under section 47 Civil Procedure Code, for setting aside the sale on the following grounds :

(3.) Under Order 21 rule 90, the appellant was directed to furnish security and, as he had failed to do so, the application was dismissed.