Point of Law: whether Section 35 of the Act is mandatory or directory the sale held in violation of the said provision is only illegal but not a nullity and therefore, it can be set aside only in the manner and the reasons prescribed in Order 21, Rule 90 of the Code of Civil Procedure and further when the respondents did not attend at the drawing up of the proclamation of sale, the sale cannot be set aside at their instance.

ORDER :

Judgment debtors in E.P.No.104 of 2003 in O.S.No.933 of 1997 on the file of the Court of the Principal Senior Civil Judge, Visakhapatnam, are the petitioners in the present Civil Revision Petition. The present Revision challenges the order dated 30.01.2006 passed by the Court of the Principal Senior Civil Judge, Visakhapatnam, in E.A.No.293 of 2004 in E.P.No.104 of 2003 in O.S.No.933 of 1997. Respondent No.1 herein is the Decree Holder and respondent No.1 herein instituted O.S.No.933 of 1997 on the file of the Court of the Principal Senior Civil Judge, Visakhapatnam, against (1) Sri Bonda Nageswara Rao, S/o.Atchannaidu, (2) Sri Bonda Raghunath, S/o.Nageswara Rao and (3) Smt. Bonda Mary, W/o.Nageswara Rao, for recovery of a sum of Rs.1,77,713/- on the foot of a chit fund transaction, wherein defendant No.1 joined as a member and defendant Nos.2 and 3 stood as guarantors. Pending O.S.No.933 of 1997, plaintiff/decree holder/respondent No.1 herein filed I.A.No.1004 of 1997 under the provisions of Order 38 Rules 5 and 6 of the Code of Civil Procedure, 1908 (C.P.C.), and the trial Court on 13.11.1997, passed a conditional order of attachment and the same was made absolute on 16.07.1997. Pending the suit, defendant No.1, Sri Bonda Nageswara Rao, passed away and the said suit was decreed on 30.10.2000 against defendant Nos.2 and 3 jointly and severally for a sum of Rs.1,77,713/- together with subsequent interest @12% per annum on Rs.1,40,000/- from 13.11.1997, i.e., the date of suit, till the date of realisation and the trial Court also awarded costs of Rs.9,442/-. Respondent No.1 herein filed E.P.No.104 of 2003 under Order 21 Rule 11 of C.P.C. against defendant Nos.2 and 3, who are the petitioners herein, seeking enforcement of the decree by way of the sale of the attached schedule property. The schedule property is a house bearing D.No.2-292, Old Dairy Farm Post, Chinagadili village, Indiranagar, Visakhapatnam Municipal Corporation Limits. The boundaries of the said property shown in E.P.No.104 of 2003 are as follows:

2. Sale notice was published on 22.10.2002, proposing the sale on 14.11.2002, and on which date, sale was conducted and respondent No.2 herein, Mr. Kata Venkata Reddy stood as highest bidder and the bid was knocked down in his favour for Rs.14,50,000/- and the sale was confirmed on 30.01.2006 and the sale certificate was also issued on 19.04.2006. Pending E.P.No.104 of 2003 (Old E.P.No.573 of 2000), M/s. Kalyani Constructions, represented by its Managing Partner Smt. Rajamudili Sujatha filed E.A.No.674 of 2002 (New E.A.No.29 of 2003) on 08.11.2002 against the decree holder, judgment debtors (petitioners herein) under Section 47 of the C.P.C. on the ground that the petitioners herein sold two items of the property by way of registered sale agreement-cum-general power of attorney on 12.01.2001. Schedule of the said E.A.No.674 of 2002 (New E.A.No.29 of 2003) is as follows:-

"Item No.1:-

Visakhapatnam District, Visakhapatnam Sub-Registry, Visakhapatnam Municipal Corporation, Pedagadili village & Panchayat, Chinagadili village bearing S.No.110/2part, undivided and unspecified share of 372.4 Sq.yds or 311.326 Sq.mts. together with a 130 Sft.A.C.Sheets shed thereon bearing Door No.2-293/1, Assessment No.108306, Ward No.25 out of total area of 532.4 Sq.yds with 150 Sft.A.C.Sheet shed and bounded by:

East	Road	88 feet or 26.82 mts
South	Property belongs to Dr.N.Venkata Rao	62 feet or 18.90 mts
West	Property belongs to T.Vijayalakshmi	74 feet or 22.56 mts
North	Walkway lane	62 feet or 18.90 mts

Item No.II:-

All that site measuring 721.20 Sq.yds or 602.923 Sq.mts out of 871.20 Sq.yds or 720.436Sq.mts and with a plinth area o