BALLABHDAS LACHMINARAYAN MAHESHWARI Vs. SOBHAJI KESHARESINGH

JUDGEMENT

(1.) THIS is a revision petition Jay the. decree-holder auction-purchaser against the appellate order confirming the order of the executing Court setting aside the auction sale held on 1-9-1944 and confirmed in the applicant's favour on 7-10-1944.

(2.) THE few relevant facts are these. The decree obtained by the applicant against the non-applicants was transferred for executions to the Court of the Sub-Judge. Execution was sued upon and the judgment-debtors' property i.e., a 6 anna We of mouza 'Soundhal' area 409.37 acres, jama Rs. 43-2-0 was attached. The sale notices were served.

(3.) ON 6-5-1944, it was found that the decree-holder failed to apply for the issue of notices as ordered by the Court and no explanation was offered at any stage for non-compliance. The executing Court therefore, in effect, rejected the decree-holder's prayer for holding the auction gale at Khandwa and ordered proclamation of sale to issue for holding the auction sale on the spot on 17-7-1944. The proclamation was accordingly prepared and was signed by the Judge. The process-server to whom it was entrusted for execution however fell and it was found on 4-7-1944 that the proclamation remained unexecuted with the process-server. The Judge therefore ordered on 4-7-1944 that proclamation and warrant of sale be issued on the same process for sale to be held on 1-9-1944.