G.T.NANAVATI, S.C.AGRAWAL
D. S. Chohan – Appellant
Versus
State Bank Of Patiala – Respondent
ORDER
1. Leave granted.
2. These appeals arise out of proceedings for execution of a decree passed in favour of the respondent Bank. In the said execution proceedings the moveable and immovable properties of the appellants which were mortgaged with the respondent were attached and were ordered to be sold. Earlier an auction was held for sale of all the properties in one lot. The upset price of Rs. 13,67,750 was fixed by the court and the highest bid that was received in the auction was for Rs. 6,50,000. Thereafter at the request of the respondent, it was decided to sell the properties in two lots, i.e., moveable in one lot and immovable in another lot. Fresh auction was held for moveable and immovable properties separately. Insofar as the sale of moveable property is concerned, the sale has been confirmed and no appeal was filed against the said order. As regards the sale of immovable property, it appears that the respondent, being the mortgagee decree-holder, had applied before the court for permission to make the bid under Order 21, Rule 72-A CPC. Such permission was granted to the respondent by the court by order dated 2-1-1981. Although in the application the respondent had sub
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