S. DASARADHA RAMA REDDI, J.

( 1 ) THE question that arises in this revision petition is whether petition under section 47 of the Code of Civil Procedure lies to set aside an auction which was held and confirmed in execution of a decree in the absence of any application under Order 21 Rule 89 of the Code of Civil Procedure. The petitioner decree holder was the highest bidder in the auction of the property held on 11-7-1988 in execution of decree dated 3-3-1987 in O. S. No. 361 of 1986 on the file of Principal District Munsif, Proddutur, obtained against first respondent-judgment debtor and his elder brother in respect of certain transactions carried on for the benefit of joint family of first and second respondents. The first respondent judgment debtor filed E. A. No. 572 of 1989 on 7-11-1989, under Section 47 of the Code of Civil Procedure to set aside the sale which was confirmed on 26-9-1988 on the ground that property is not joint family property but belongs to the first respondent and his father-in-law. The lower Court overruling the objection of the decree holder that the judgment debtor having not filed any petition under Order 21 Rule 89 cannot file this petition under Sectio

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