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1972 Supreme(Kar) 209

VENKATACHALAIAH, NARAYANA RAI KUDOOR
M. PANCHAKSHARAPPA – Appellant
Versus
SHIVAYOGESHWARA COTTON PRESS CO. – Respondent


Advocates:
PADUBIDARI RAGHAVENDRA RAO, S.K.VENKATARANGA IYENGAR

( 1 ) ON a reference made by Jagannatha Shetty, J. the above revision petition has come up for hearing before this Division Bench. It arises out of an application (I. A. 3) filed by the petitioner under Order XXI, Rule 90, cpc for setting asi,de a sale of immovable property belonging to him held on 11-4-1963 in Ex. C. No. 476/62 on the file of the Munsiff, pavanagere. The respondent had filed the above execution petition against the petitioner for the recovery of a sum of Rs. 3,846-86. The sale notice in the above case was issued to the petitioner on 30-11-1962 and on his refusal to receive the same, service on the petitioner was held sufficient by the Munsiff. Thereafter, an application (I. A. 1) was filed by the petitioner requesting the court to hear him on the objections that he had filed to the execution proceedings. After several adjournments, the case was set down for hearing of I. A. 1 on 1-3-1963. When the case was called on 1-3-1963, the judgment- debtor was absent and hence I. A. 1 filed by him was dismissed. The Court directed that the property be sold on 11-4-1963.

( 2 ) ON 9-4-1963, the decree-holder filed an application (I. A. 2) under or. XXI, R. 72 CPC praying that




















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