( 1 ) THE auction-purchaser of the property concerned in execution in Execution Case No. 495 of 1985 on the file of the City Civil Court at Bangalore, is the appellant. The appellant is aggrieved by the allowing of. A. 8 filed under Order 21, Rule 97 and Section 47 of the CPC and declaration that the sale in favour of the auction-purchaser held and confirmed, is declared to be null and void and not binding on the applicant third party purchaser and also the cancellation of the sale certificate issued in favour of the auction-purchaser by the Court.

( 2 ) AN interesting question has been raised in this appeal as to whether title goes to the Court auction-purchaser in execution sale or to a third party private purchaser, who during the pendency of the proceedings, purchased the property.

( 3 ) THE admitted facts are as follows: The third respondent herein, who is the decree-holder, filed o. S. No. 2048 of 1982 against the second respondent who is the judgment-debtor. The property involved in the appeal which can be referred to as the schedule property was attached under order 38, Rule 5 of the CPC, before judgment. The suit was decreed in execution for recovery of money EP 495 of 1

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