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2013 Supreme(AP) 501

SAMUDRALA GOVINDARAJULU
Harijana Mukeeranna – Appellant
Versus
B. Thimmothi – Respondent


Advocates appeared:
For the Petitioner:O. Manoher Reddy, Advocate.
For the Respondents:R1, Shafath Ahmed Khan, Advocate, R2, None appeared.

Judgment :

The auction purchaser in execution sale is the revision petitioner herein. He is aggrieved by the action of executing Court in setting aside the auction sale under Order XX1 Rule-89 C.P.C. at the instance of the 1st respondent herein who is a third party. The 2nd respondent who is the decree-holder brought the E.P. schedule property belonging to the respondents 3 and 4 who are judgment-debtors in execution of money decree against them. In the execution proceedings, the executing Court, after following the procedure prescribed by law, conducted auction sale in which the revision petitioner became the highest bidder and he complied with the deposit of the purchase money as per law. While so, the 1st respondent herein, claiming to be having right in the property sold in Court auction, filed the petition in the executing Court under Order XXI Rules 89,90 and 91 C.P.C. for setting aside Court auction sale held on 17-01-2008. The rights or claims of the 1st respondent herein in the auctioned property are immaterial since an application under Rule-89 for setting aside the sale can be filed by any person claiming interest in the property. Even though the 1st respondent herein fi















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