G NARASIMHAPPA Vs. G RAMACHANDRA RAO

JUDGEMENT

(1.) This revision has been referred to a Bench of two judges by our learned brother, Venkatesam, J., as the revision raises a question of importance relating to a matter of procedure on which the judicial opinion is stated to be not quite uniform. The question arises out of the following facts. The first respondent herein the mortgage of the property sold in execution of a decree in E.P. No. 153 of 1962 in S.C. No. 77 of 1961 on the file of the Court of the District Munsiff of Anantapur.

(2.) The first respondent herein is the decree holder and respondents 2 to 7 are the judgment debtors. The petitioner herein obtained a decree against the respondents 2 to 7 in S.C.No. 77 of 1961 on the file of the Court of the District Munsif, Anantapur. In execution of the decree, the proper ties of the judgment-debtors were brought to sale in E.P. No. 153 of 1962. The sale proclamation amount was Rs. 757-87P. The 1st respondent herein who is the mortgagee of the properties sold, filed an application E.A. No. 597 of 1963 for setting aside the sale under Order 21, rule 89, Civil Procedure Code. He deposited a sum of Rs. 849-42P. along with the said application.

(3.) The amount to be deposited by him under Order 21, rule 89, Civil Procedure Code, is Rs. 757-85P. being the amount due under the sale proclamation, Rs. 80 towards five per cent solatium on the purchase money of Rs.1 ,600. In the application E.A.No. 507 of 1963 filed under Order 21, rule 89, Civil Procedure Code, the first respondent deposited a sum of Rs. 849-42P. towards the following items. (i) Rs. 757-87P. towards the amount due under the sale proclamation. (ii) Rs. 40 towards 5 per cent, solatium, and (iii) Rs. 51-57 P. towards poundage.