JUDGMENT :

“i) Whether JDR No.3 can seek setting aside of auction sale of the property attached in Execution Proceedings No.27/2018?

ii) If so, in view of compromise between DHR, JDR Nos.1 and 2, auction purchaser and objector No.1, can she insist to issue sale certificate in her name as she is ready to pay/deposit the decreetal amount?

iii) Whether objector Nos.1 and 2 being the children of JDR Nos.1 and 3 respectively can seek determination of their rights in the execution proceedings in which JDR Nos.1 and 3 are parties?”

are the questions to be decided in these appeals.

2. These two appeals arise out of an order dated 26.03.2021 passed by Senior Civil Judge, Huvinahadagali, in Execution Petition No.27/2018. R.F.A.No.100051/2021 is filed by objector Nos.1 and 2 challenging the order passed on I.A.No.14 filed by them under Order XXI Rule 97 read with Section 151 of CPC to determine the right, title or interest in the property described in the scheduled appended to the application in the said execution petition whereas R.F.A.No.100140/2021 is filed by JDR No.3 under Order XXI Rule 89 of CPC to set aside the auction sale dated 28.04.2018 conducted by the Executing Court.

3. Parties to t