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1988 Supreme(Kar) 153

P.K.SHYAMSUNDAR
HOTEL NATARAJ – Appellant
Versus
KARNATAKA STATE FINANCIAL CORPN. – Respondent


Advocates:
B.N.DAYANAND, N.B.BHAT, R.NAGARAJA RAO, S.G.SUNDARA SWAMY, S.VIJAYASHANKAR

P. K. SHYAMSUNDAR, J.

( 1 ) THESE appeals arise under S. 32 (9) of the State Financial Corporations Act, 1951 (to be hereinafter called the 'act') and are directed against the order made by the learned District Judge, Belgaum, in Misc. Cases Nos. 83 and 85 of 1978 in E. P. Case No. 2 of 1978 on the file of that Court on the 11th Sept. , 1984 rejecting both the petitions made by the appellants herein under O. 21, R. 90, C. P. C. for setting aside the auction sale of immoveable properties belonging to the appellant, pursuant to orders of the Court made in the execution case referred to supra.

( 2 ) THE auction sale in question was held on 15-6-1978 and thereat the 2nd respondent, who is the same contesting respondent in both these appeals was the successful bidder having offered the highest bid of Rs. 4,25,000/the Court below having since refused to set aside that auction sale the same has resulted in turn in the dismissal of the application made by the appellant, and has further resorted in the confirmation of the sale itself. In these appeals which are necessarily to be disposed of by a common order the only point that arises for consideration is whether the auction sale held on 15-



































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