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1987 Supreme(Kar) 55

P.A.KULKARNI
S. V. KANAKARAJ – Appellant
Versus
VIJAYA BANK – Respondent


Advocates:
G.S.VISHVESHVARA, I.T.Rai, S.VIJAYASHANKAR

P. A. KULKARNI, J.

( 1 ) THIS is an appeal by judgement-debtors 4, 5 and 6 against the order dt. 5-4-1982 passed by the Civil Judge, Chickmagalur, in Execution Case No. 159 of 1976 rejecting I. A. No. 6 filed by judgement debtors 2 and 4 under O. 21, R. 90 read with S. 151, C. P. C. and rejecting I. A. No. 7 filed by judgement debtors 5 and 6 under O. 21, R. 90 read with S. 151, C. P. C.

( 2 ) THE decree-holder Vijaya Bank is respondent 1 in the revision. The decree-holder Vijaya Bank obtained a decree against judgement-debtors 1 to 8 in O. S. 21 of 1979. Judgement-debtor 1 is the firm. Judgement-debtor 2 S. K. Venkatachala Setty is shown as a partner of the said firm. It is now submitted before me that S. K. Venkatachala Setty is dead. Therefore the execution is proceeded with by the decree-holder against judgement-debtors 3 to 7.

( 3 ) THE property was brought to sale by the decree-holder Bank. The sale was held on the spot on 7-3-1979 and the sale took place in the Court on 9-3-1979. The present auction purchaser respondent 5 was the highest bidder for Rs. 75,000/ -. The Court accepted the highest bid of auction purchaser respondent 5 on 9-3-1979 and directed that he should depos





























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