JUDGMENT

Rajendra Babu, J.-Leave Granted.

2. In execution of a decree the executing Court brought the properties owned by the Petitioner-Judgment Debtor for sale. Proclamation was published on 19/07/1992. On 26/08/1992 the scheduled properties were put up for auction. The final bid was offered by respondent No. 1 in Court on 28/08/1992. On 25.9.1992 the Petitioner-Judgment Debtor paid the entire decretal amount together with the cost to the Respondent No. 2 - Decree Holder accompanied by memorandum of objections for confirmation of sale. A memo was also filed praying to close the execution proceedings. On 30/10/1992 another Memo was filed in the Executing Court reporting the payment of the decree amount. Then the executing Court directed the Petitioner - Judgment Debtor to pay solatium to the Respondent No. 1 - Auction Purchaser. Executing Court also noted that the Respondent No 1 - Auction Purchaser was not ready to accept the solatium amount. In the meanwhile, on 13/11/1992 Respondent No. 1 - Auction Purchaser filed an Interlocutory Application under Order 21, Rule 92 of CPC for confirmation of sale. On 24.07.1993 the Petitioner - Judgment Debtor filed an application to treat the e