The appellants have called in question the order dated 21.1.2016 passed in Execution No.3242/2014 on IA No.IV filed under Order XXI Rule 90 read with Section 151 of CPC passed by XXXI Addl. City Civil & Sessions Judge (CCH 14), Bengaluru City, and consequently to set aside the sale held on 11.09.2015 at the spot and the Court sale dated 28.9.2015.

2. The brief factual matrix of the case are that:

The plaintiff (respondent No.1 herein) has filed a suit in OS No.6181/2011 for recovery of a sum of Rs.93,82,74276. The plaintiff decree holder sued out execution for recovery of the said amount in Execution No.3242/2014. The said Execution Petition was contested by the judgment debtor. After following some procedure, the Court has ordered for auction sale of the Schedule property for recovery of the above said amount. The judgment debtor after the sale has been effected by the Court on 28.9.2015 has filed an application under Order 21 Rule 90 read with Section 151 of CPC, seeking for setting aside the said sale which was executed in favour of the highest bidder the second respondent