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1983 Supreme(SC) 87

O.CHHINNAPPA REDDY, R.S.PATHAK, V.D.TULZAPURKAR
Periyakkal – Appellant
Versus
Dakshyani – Respondent


Advocates:
B.P.SINGH, MADHU MULCHANDANI, R.B.DATAR, RANJIT GHOSAL, S.C.JAWALI, S.S.JAVALI, Y.S.Chitale

Judgment

CHINNAPPA REDDY, J.:- The respondent Dakshyani sued to recover a sum of Rs. 7,324-86 paise from Narayana Swami, husband of the first appellant and father of the rest of the appellants, The suit was decreed with costs and, in execution of the decree, certain property situated in Bangalore City was brought to sale. The decree-holder purchased the property at the execution sale held on August 19, 1969, for a sum of Rs. 28,000/-. Narayana Swami having died in the meanwhile, his legal representative, the present appellants, filed an application under the provisions of Order 21 Rule 90 for setting aside the sale on various grounds. The Executing Court dismissed the application on March 28, 1973, but on an appeal preferred by the appellants the sale was set aside on July 31, 1974. The respondent filed a second appeal to the High Court of Karnataka. At the hearing of the second appeal the parties entered into a compromise with the leave of the Court, such leave being necessary since many of the present appellants were minors then and are minors even now. The Court granted leave and made an order in terms of the compromise. The term of the compromise with which we are concerned is t









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