GANTASOLA JAGANNADHAN Vs. THATAVARTHI RAMABRAHMAM

JUDGEMENT

(1.) The decree holder and the Court auction-purchasers are the appellants before us.

(2.) The application under Order XXI, Rule 89, to the lower Court to set aside the Court auction sale was made jointly by the judgment debtors and persons who purchased the property from them privately after the Court auction sale.

(3.) The short question for decision in this case is whether a private purchaser from the judgment-debtor after the date of the Court auction sale but before the Court auction sale was confirmed can apply under Order XXI, Rule 89, (old Section 310-A) to have the Court auction sale set aside and if he cannot come in, can the judgment debtor do so.