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1999 Supreme(Ker) 454

P.K.BALASUBRAMANYAN
Dhanalakshmi Bank Ltd. – Appellant
Versus
Divakaran – Respondent


Judgment :-

P.K. Balasubramanyan, J.

This appeal is by the decree holder auction purchaser. The appeal challenges the order of the executing Court setting aside the sale held in execution of the decree or a petition filed under O. XXI R.90 of the Code of Civil Procedure by the judgment debtors.

2. The decree holder on obtaining the decree filed E.P. 126 of 1985 on 30.9.1985 for realisation of a sum of Rs. 4,28,436.85 by the sale of the properties. Notice under O. XXIR. 66 was issued to the judgment debtors accompanied by a draft proclamation for sale. The judgment debtors filed objections on 18.12.1986 contending that the upset price for the properties shown in the schedule was very low, that the description of the buildings given was not correct, that the five items together were worth Rs. 46 lakhs. No attempt was made by the judgment debtors to substantiate executing Court directed the decree holder to incorporate the value shown by the judgment debtors in the sale proclamation and to produce an amended draft sale proclamation. The decree holder produced an amended draft proclamation. It may be noted that the judgment debtors did not raise an objection that all the items of propert













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