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1985 Supreme(Ker) 336

JOHN MATHEW
A. A. JOSEPH – Appellant
Versus
VARGHESE GEORGE – Respondent


Judgment :-

1. The additional decree-holder is the revision petitioner, who is hereinafter referred to as 'the decree-holder'. He challenges an order dismissing his petition to set aside a court sale under Order XXI R.91 of the Code of Civil Procedure. We are now concerned only with item 2 of the properties sold in court auction which is hereinafter referred to as 'the property'. The property was attached on 19-8-1968. It was purchased by the decree-holder in the court sale conducted on 16-3-1970 for an amount of Rs. 10848.72. After confirmation of sale delivery was effected on 6-11-1970. Respondents 12 to 14 before the lower court filed a petition for re-delivery on 25-11-1970. The decree-holder received notice of this petition on 154-197I. He filed E. A. No. 128/71 under Order XXI R.91 CPC. to set aside the sale on 16-1-1971. Defendants 4 to 13 who were the owners of the property had sold it to respondents 12 to 14 before the lower court by registered sale deed dated 18-5-1966, namely before the date of attachment. Therefore the decree-holder alleged that the judgment-debtors had no saleable interest in the property and on that basis the application to set aside the sale was file

























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