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1995 Supreme(Kar) 605

H.N.TILHARI
T. RUDRAPPA – Appellant
Versus
GOWRAMMA – Respondent


Advocates:
D.O.KOTRESH, J.G.CHANDRAMOHAN

H. N. TILHARI, J.

( 1 ) THIS is a civil revision under Section 115 arises out of an order dated 17-11-1995 delivered by k. Sathyamoorthy holla, principal district judge, kolar, dismissing application-i. a. 10 moved by the judgment debtor-revision applicant.

( 2 ) THE facts of the case in brief are that in a motor vehicles case No. 455 of 1988 decided on 18-12-1993, an award was made in favour of respondents for a sum of Rs. 1,51,925/ -. The revision applicant did not pay the compensation amount inspite of it is being awarded and as such the application for execution was moved. The ashok leyland lorry bearing No. Cas-942 belonging to the judgment debtor-revision applicant was attached and was put to auction sale and finally the lorry was auctioned on 26-10-1995 and the purchaser has paid the entire bid money of Rs. 1,35,000/ -. The judgment debtor on the same day filed written objection to the effect that there was no proper publication of sale proclamation or notice before conducting of the sale and so there has been irregularity in conducting the sale. This application was opposed. The learned district judge taking into consideration Provisions of order 21, rules 77 and 78 opined t









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