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1996 Supreme(SC) 98

G.T.NANAVATI, S.C.AGRAWAL
P. Ambujakshi – Appellant
Versus
E. E. Sainudeen – Respondent


ORDER

1. Leave granted.

2. The appellants in this appeal are decree-holders in whose favour a money decree was passed in a suit filed by them against the respondent. In execution of the said decree, the property of the respondent was sold by auction on 4-11-1978. It was purchased by the appellants for a sum of Rs 7610. The respondent judgment-debtor filed an application for setting aside the said sale on the ground of inadequacy of valuation and that sufficient opportunity was not given to the judgment-debtor to deposit the decretal amount. The said application was rejected by the executing court by order dated 14-7- 1994. It was held that there was no material irregularity in the sale inasmuch as the judgment-debtor was heard before setting the proclamation of sale. The appeal filed by the respondent against the said order of the executing court was dismissed by the First Additional District Judge by judgment dated 31-3-1995. The respondent filed a revision petition before the High Court which has been allowed by the impugned judgment. The High Court has found : "On a consideration of the orders of the courts below, the relevant materials brought to my notice and the contentions r


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