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2002 DIGILAW 1455 (SC)

PAPPU RAMI REDDY v. PAPPU LAKSHMI NARAYANA REDDY

2002-11-15

D.M.DHARMADHIKARI, M.B.SHAH

body2002
ORDER 1. Leave to appeal is granted. 2. The counsel for the parties are finally heard on merit of the case. 3. A money decree has been obtained against the appellant by the respondent. In execution of the decree, the house property of the appellant was put to sale which admittedly has been purchased by the son-in-law of the respondent, the decree-holder. 4. The appellant applied for setting aside of the sale under Order 21 Rule 90 CPC on the ground that there was no proper proclamation and publication of the sale and property worth more than a lakh of rupees has been sold in favour of the son-in-law of the decree-holder for a paltry sum of Rs 52,000. The executing court rejected objection to the sale and the rejection was maintained by the appellate court and the High Court in revision. The judgment-debtor has, therefore, approached this Court in this appeal. 5. During pendency of this appeal, on the basis of statements made to this Court on 3-9-2001, the appellant has deposited the entire decretal amount in the executing court for payment to the decree-holder. 6. In the course of hearing on behalf of the decree-holder, it is stated that there has been a loss of interest on the amount due because of the delay on the part of the judgment-debtor in not making the payment of the decreed sum in due time. 7. We find that there is sufficient force in the contention advanced on behalf of the appellant judgment-debtor. There was no proper publication of the sale in the daily newspaper and the auction has been knocked down in favour of the close relation of the decree-holder for a much lesser value of the disputed property. 8. For the aforesaid reason, the appeal is allowed. The impugned orders of the executing court and all the consequent orders passed by the courts below are hereby set aside. 9. Over and above the decretal sum, we direct the appellant to deposit a further sum of rupees twelve thousand towards interest and rupees five thousand towards costs (total rupees seventeen thousand) within a period of six weeks from the date of this order or within such further reasonable extended time as may be fixed by the executing court.