JUDGMENT :

Ajithkumar, J.

This is an appeal filed under Section 104 and Order XLIII, Rule 1(j) of the Code of Civil Procedure, 1908. E.A.No.32 of 2020 in E.P.No.20 of 2016 in O.S.No.6 of 2015 before the Sub Court, Hosdurg, was an application filed by the 1st respondent under Order XXI, Rule 90 of the Code. That E.A. was allowed as per order dated 22.01.2021. Challenging that order, the decree holder-auction purchaser has preferred this appeal.

2. On 23.03.2021, this appeal was admitted to file and notice was ordered to be issued to the respondents. While the 1st respondent entered appearance through his learned counsel, respondents 2 to 4 did not turn up.

3. Heard the learned counsel appearing for the appellant and also the learned counsel appearing for the 1st respondent.

4. The appellant obtained a decree in O.S.No.6 of 2015 for realisation of Rs.10,49,935/- along with interest and costs from respondents 2 to 4. The appellant filed E.P.No.20 of 2016 where she brought initially 29 cents of property belonging to respondents 2 to 4 on sale. Respondents 2 to 4 challenged the order of the Execution Court to sell the whole of the property before this court by filing O.P.(C) No.2052 of 2017