JAGANATH MONDAL Vs. TARAK CH MONDAL

JUDGEMENT

(1.) The judgment debtor filed an application praying for cancellation of the auction sale regarding the disputed property held on the 5th December, 1977. His allegation was that a preliminary decree for partition was passed and then an appeal filed. This Court issued a Rule staying the further proceedings of the preliminary decree. An interim order was later made absolute- Meanwhile, the decree holder opposite party filed execution and auction purchased the property. The prayer is for cancelling that sale on the ground that the sale held in the case in the face of stay o further proceedings of the preliminary decree, was void and was liable to be set aside.

(2.) The decree holder opposite party filed an objection.

(3.) The learned Munsif rejected the application. Hence this revisional application.