RAMBHAU VITHALRAO DANGRE Vs. NAGARMAL JITMAL POTDAR

JUDGEMENT

(1.) THIS is a Letters Patent appeal from the decision of Niyogi, J.

(2.) NAGARMAL Potdar (respondent 1) got the house in dispute sold on 1-9-1933 by auction in execution of a final decree for sale obtained by him on a mortgage in civil suit No. 65 of 1931. It was knocked down in favour of the appellant Rambhau for a paltry sum of RS. 120.

(3.) ON 2-9-1933 Ramchandra, the agent of the decree-holder, informed the Court of this full satisfaction and filed the receipt, whereupon the executing Court set aside on 30-9-1933 the sale held in execution on 1-9-1933. That order was, however, passed without notice to the auction-purchaser, whose application for permission to deposit 75 per cent, of the sale proceeds had already been rejected and who had been asked to take back the 25 per cent, of the purchase money which he had deposited. His formal application for confirmation of sale was also rejected on 25-9-1933. He, however, appealed to the District Judge and succeeded in getting the sale confirmed. The revision filed by the judgment-debtor in this Court proved unsuccessful.