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2001 Supreme(Kar) 34

R.GURURAJAN
RANA ENTERPRISES, BANGALORE – Appellant
Versus
STATE BANK OF MYSORE, PEENYA INDUSTRIAL BRANCH, BANGALORE – Respondent


R. GURURAJAN, J.

( 1 ) THIS appeal is preferred by the judgment-debtors challenging the order dated 28-7-2000 rejecting their application filed under Order 21, Rule 90 read with Section 151 of the CPC in execution Case No. 1101 of 1997 by the XIX Additional City Civil Judge, Bangalore, on the following facts.

( 2 ) THE appellants are the judgment-debtors and the respondents are the decree-holder and the auction purchaser. They would be referred as per the rankings before the Trial Court.

( 3 ) THE decree holder-State Bank of Mysore filed a suit in O. S. No. 2533 of 1986 against the judgment debtor-defendants seeking for a judgment and decree before the Trial Court. The matter was contested. The Trial Court decreed the suit against the defendants/judgment-debtors. An execution case was filed in Execution Case No. 1101 of 1997. There is another decree suffered by the judgment-debtors and another execution case in Execution Case No. 3 of 2000 is by the bank against the judgment-debtors. The said execution was opposed by the judgment-debtor. On the execution side sale was ordered. The judgment-debtor filed an application in. A. No. I under Order 21, Rule 69 read with Section 151 of



































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