( 1 ) THIS petition is directed against the order dated 20-10-1992 passed by the XI Addl. City Civil Judge, Bangalore on I. A. No. VII in Execution Case No. 624/ 75 on his file, dismissing the application filed by the petitioner under S. 151, C. P. C. , for recalling the delivery warrant.

( 2 ) THE facts in brief are: the petitioner suffered a decree and the property bearing Sy. No. 46/31 and 46/2 of Sarakki village Bangalore South Taluk measuring 1 acre 30 guntas with an R. C. C. house was brought to sale and the sale proclamation was issued on 3/10-3-1976. Spot sale was conducted on 3-3-1976. In view of Rule 138 of the Karnataka Civil Rules of Practice the Court has to conduct the sale as per the sale notice in Court on 10-3-1976, but no sale was held on that date. An application was filed under O. 21, R. 90 of the C. P. C. on 10-3-76 which was numbered as I. A. IV, not to accept the bid and challenging the spot sale. It was posted for objection. The Court advanced the case and accepted the spot sale and passed an order to raise the question regarding irregularity in the sale proceedings before confirmation. The decree-holder got the case advanced to 15-3-1976. The