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2003 Supreme(AP) 1094

D.S.R.VERMA
M. Veeranjaneyulu – Appellant
Versus
M. Saraswathamma – Respondent


D. S. R. VARMA, J.

( 1 ) FIXATION of the upset price in the sale proceedings by the Senior Civil judge Adoni, with no reference to the estimation given either by the judgment-debtor or the Amin of the Court, is under challenge in this Civil Revision Petition.

( 2 ) THE petitioner is the judgment-debtor and the respondent is the decree-holder.

( 3 ) THE house of the judgment-debtor had been brought to sale. During the sale proceedings, it appears that the judgmentdebtor valued his house, which is brought to sale, at Rs. 15,00,000. 00, the Amin of the court estimated the same At Rs. 12,00,000. 00 whereas the decree-holder estimated the same at Rs. 8,00,000. 00. Without taking into account the valuation of the house made by the judgment-debtor, the Court below had accepted the valuation made by the decreeholder and accordingly fixed the upset price at Rs. 8,00,000. 00. Hence, the present Civil revision Petition.

( 4 ) LEARNED counsel for the petitioner submits that as per the State amendment to Order 21, Rule 66 of the Code of Civil procedure, the original clause e was converted as f and clause e was newly framed.

( 5 ) HEARD the learned counsel for the respondent.

( 6 ) IT is nece




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