JUDGMENT - V.C. DAGA, J.:---Heard the learned Counsel for the parties. Rule returnable forthwith. By consent petition is taken up for final hearing and disposal.

INTRODUCTION

2. The issue in the present case is one of potential significance in relation to the law of auction sale and in particular with regard to the auction sale by Court in exercise of powers conferred under Order 21, Rule 82 of the Civil Procedure Code (hereinafter referred to as C.P.C.)

BACK-DROP FACTS

3. The facts necessary to appreciate rival contentions may be briefly stated:

This petition, brought by the judgment-debtor, questions of the validity of the auction sale by Court, of the property owned by the petitioner judgment debtor, held on 12-10-1999. Respondent No. 1 herein is the decree holder; whereas respondent No. 2 is an auction purchaser.

4. The respondent No. 1 decree holder had filed Special Civil Suit No. 152 of 1998 for recovery of Rs. 86,250/-. The said suit was decreed for the sum of Rs. 86,250/- with further interest thereon at the rate of 18% p.a. with costs.

5. The respondent No. 1 decree holder upon initiation of execution proceeding, on 15-4-1999 applied for attachment and, sale of the property in

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