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VENKATA JYOTHIRMAI PRATAPA
Ganta Subbayamma Died – Appellant
Versus
Vetsa Satyanarayana Died – Respondent
JUDGMENT :
(Venkata Jyothirmai Pratapa, J.)
This Civil Miscellaneous Appeal is filed under Order XLIII Rule 1 r/w Section 104 of the Code of Civil Procedure, 1908,[for short ‘the C.P.C.’], challenging the validity and correctness of the impugned order dated 24.04.2014 in E.A.No.150 of 2013 in E.P.No.15 of 2003 in OS No.29 of 1997 on the file of the Court of Principal Senior Civil Judge, Kovvur, wherein, the petition filed by the Judgment Debtors,[For short ‘J.Dr.’] under Order XXI Rule-89 r/w Section 151 of CPC was dismissed.
2. The Appellant Nos.1 to 3 were the J.Dr. Nos. 1 to 3, the Respondent Nos.1 to 8 were the Decree Holders (D.Hrs.)/ Plaintiffs/Respondents and the Respondent No.9 was the auction purchaser/Respondent before the Executing Court. For the sake of convenience, the parties herein will be referred to as J.Drs, D.Hrs., and auction purchaser.
3. The case of the Appellants/J.Drs., in a nutshell, is as follows:
a. The Respondent No.1-deceased Decree Holder filed a suit in O.S.No.29 of 1997 on the file of the Court of Principal Senior Civil Judge, Kovvur against the Appellant No.1/ deceased J.Dr No.1., for recovery of money based on the promissory note and obtained a decre
The limitation for filing an application under Order XXI Rule 89 CPC is sixty days, not thirty, and stay orders do not exclude this period.
The limitation for filing an application under Order XXI Rule 89 CPC is 60 days from the date of sale, and the stay period does not save the limitation.
The limitation period for delivery of possession under Article 134 begins from the confirmation of sale, not the issuance of the sale certificate.
Point of law: Once court accepts explanation as sufficient it is the result of positive exercise of discretion and normally the superior court should not disturb such finding, much less in revisiiona....
The main legal point established in the judgment is that the sale becomes absolute only after the final disposal of ancillary proceedings, and the one-year limitation period under Article 134 of the ....
The main legal point established is that an auction sale can be set aside if there are substantial irregularities and fraud, and the application to set aside the sale was filed within the limitation ....
The main legal point established in the judgment is the determination of the starting point of limitation for filing an application under Rule 95 of Order XXI of CPC and the interpretation of Article....
The limitation period for an application under Order XXI Rule 89 begins from the date of the auction, not the confirmation of sale.
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