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1981 Supreme(Kar) 208

K.A.SWAMI
K. P. KRISHNAPPA – Appellant
Versus
B. GANGAPPA BY LRS – Respondent


Advocates:
CHANDRASEKARAN, V.KRISHNA MURTHY

K. A. SWAMI, J.

( 1 ) THIS civil revision petition under S. 115 CPC, is preferred by the judgment- debtor against the order dated 24-8-1977 passed by the learned Addl. Civil judge, Bangalore City, confirming the order dated 17-3-1975 passed by the executing Court in Exn. Case No. 272 of 1968.

( 2 ) FACTS necessary to appreciate the contentions raised by Sri V. Krishnamurthy, learned Counsel for the petitioner, are as follows:2. 1) The deceased first respondent by name B. Gangappa had obtained a decree for money against the petitioner- judgment debtor. The execution of that decree was taken out in Exen. No. 272 of 1968. During the course of the execution, the house property belonging to the petitoner was put up for sale. As per the order sheet of the case, the sale at the spot was to be held on 27-11-1971 and the final bid was to take place before the presiding officer of the Court on 29-11-1971. Accordingly, the sale at the spot was held on 27-11-1971. The 2nd respondent offered the highest bid for Rs. 40,000. Thereafter, the final bid was to take place on 29-11-1971 before the Presiding Officer at the Court house. The records of the case do not reveal nor is it found in the order s












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