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1978 Supreme(SC) 87

P.S.KAILASAM, R.S.SARKARIA
Himmatbhai – Appellant
Versus
Rikhilal – Respondent


Advocates:
G.L.SANGHI, J.Jha, R.H.Shukla, S.S.Khanduja

JUDGMENT

P. S. KAILASAM, J.:— This appeal is by the auction-purchaser on a certificate of fitness granted by the High Court of Madhya Pradesh against its order setting aside the decisions of Single Judge and the District Judge and directing the District Judge to deal with the application under Order 21. Rule 89, Civil Procedure Code, filed by the judgment-debtors Bhagwandas and Rameshwar Prasad on 7th February, 1966.

2. The decree-holder, Smt. Bittibai, the 17th respondent herein, in execution of a money-decree in her favour against respondents 1 to 16 and 18 herein sold a house belonging to the judgment-debtors on 8th January, 1966. It was purchased in the court-auction by the appellant herein. On 17th January 1966, respondent 18 Babulal, one of the judgment-debtors made an application in the court of District Judge, Sagar, under Order 21, Rule 90, Civil Procedure Code, for setting aside the sale. On 7th February, 1966 an application was filed under Order 21, Rule 89, by Babulal, the 18th respondent, on behalf of himself and respondents 1, 4 and 7 and the decretal amount of Rs. 27,267/90p. and Rs. 2,300/- as compensation, totaling in all Rs. 29,567/90p. was deposited. The appellant














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