LAWS(MPH)-2000-12-39

MILIND Vs. SEWA SAHAKARI SANSTHA

Decided On December 13, 2000
Milind Appellant
V/S
Sewa Sahakari Sanstha Respondents

JUDGEMENT

(1.) BEING aggrieved of the orders dated 24.12.1991 passed by the Joint Registrar, Cooperative Societies, Indore in Appeal No. 17/89, the appellant has preferred this second appeal.

(2.) BRIEF facts giving rise to this appeal are that the respondent No. 2, father of the appellant borrowed loan from respondent No. 1 - Society and mortgaged his agricultural land. Loan amount having not been paid, respondent No. 1 obtained a decree from Asstt. Registrar, Cooperative Societies, Indore and in its execution, the mortgaged land of the respondent No. 1 was put to auction and it has been sold in the said auction dated 6.9.1985 to respondent No. 3. After this auction, the appellant filed objection application before the sale officer, who dismissed the same. But noticing some irregularities, he set aside the auction sale by his impugned order dated 22.11.1985. Against this order, the respondent No.

(3.) I have heard the counsel appearing for the parties and also perused the record of the Courts below. The only point that arises for consideration is whether the impugned order of the learned Joint Registrar is illegal and contrary to law.