BHAGABAN DEVATA Vs. MAHADEV DEVATA

JUDGEMENT

(1.) THE unsuccessful objectors under Section 47, Civil Procedure Code in execution Case No. 131/69 against the auction sale of certain properties are the appellants in these appeals. All the three appeals arise out of the common judgment passed on three petitions under Section 47, Civil Procedure Code filed by the appellants in the court below; all the three appeals were heard analogously, one set of argument was advanced by counsel appearing for both the parties; and so all the three appeals are hereby being disposed of by this one judgment.

(2.) AUCTION sale in respect of certain properties' was held in the said execution proceeding on 27-6-1974. The appellants claim to be pendente lite purchasers of some of those properties. They did not prefer any petition under Order 21, rule 90, Civil Procedure Code but filed petitions under Section 47, Civil procedure Code challenging the validity of the auction sale mostly on the ground that the sale proclamation had not been made, and if made it was not in accordance with the procedure laid down for that purpose under the Civil procedure Code, and that the said sale was not held on the date when and by the court where it was to be held as allegedly notified earlier.

(3.) BOTH the courts have found that the petitioners have not been able to establish that they have sustained substantial injury by reason of the alleged irregularities. Both the courts have also found that proclamation for sale of those properties had been duly made and no material irregularities were committed in holding the auction sale of the properties in question.