MANNU Vs. PRITAM SINGH

JUDGEMENT

(1.) THE petitioners filed an application for setting aside the sale of New Walia Cold Store, Nakodar Road, Jalandhar (for short the Cold Store) which took place on 13.5.1988 to the extent of 2/3rd share. They were non-suited and the appeal filed also stands dismissed.

(2.) THE petitioners have impugned the order passed by the learned courts below by invoking revisional jurisdiction of this court. The petitioners filed objections against the sale on the ground that litigation was going on regarding the ownership of the Cold Store and by way of judgment and decree dated 29.8.1988 this court in Regular Second Appeal was pleased to hold that the petitioners were entitled to 2/3rd share in the Cold Store and rest of 1/3rd share was held to be under the ownership of Harbans Kaur.

(3.) THE petitioners claimed that the auction was illegal and further that as there was no money decree against the objector/petitioners being owners of 2/3rd share the sale has affected the rights of the present petitioners and thus, the same was liable to be set aside under Order 21 Rule 90 of the Code of Civil Procedure (for short the Code). It was claimed that the sale be declared invalid and void.