L SUDHAKARA REDDY Vs. G R SUBBAMMA

JUDGEMENT

(1.) Though the matter is posted on 01-07-1997 for admission, the learned Counsel on both sides submitted that the matter itself could be finally disposed of at the stage of admission itself. The case is posted for admission today.

(2.) This petition is filed by the third party in an execution petition in E.P. No. 5 of 1989 arising in O.S.No. 27 of 1987. The petitioner himself is the decree holder in O.S.No. 138 of 1985. It is a decree for money. He filed E.P. No. 1/89 for the execution of the said decree before the Court. In that the present petitioner filed E.A.No. 83 of 1993 to set aside the sale dated 20-4-1993. That application has been dismissed by the impugned order. Hence he has approached this Court by way of this Revision Petition (sic. A.A.O.).

(3.) Heard the learned Counsel on both sides. The learned Counsel for the petitioner submitted that the impugned sale in favour of the present R1 dated 20-04-1993 is illegal and the same is liable to be set aside. It is stated that there are number of defects in the sale proceedings and they are all material irregularities and thereby the petitioner is put to injury, therefore, the sale is liable to be set aside. He elaborated his argument by contending that the paper notification issued and published in the paper 'Lawyer' on 9-4-1993 suffers from various defects: