Honble SINHA, J.–A judgment and order dated 8.01.1999 passed by the High Court of Karnataka at Bangalore in CRP No. 3528 of 1998 is in question before us, which arises in the following factual matrix.

(2). M/s. Nellai Small Match Producers Service Industrial Co-op. Society Ltd. filed a suit against N. Dharmaraj, Respondent No. 2 herein in the Court of Principal Subordiante Judge in the State of Tamil Nadu for realization of some amount owing and due to it. The said suit was decreed. The said decree was transferred for execution to the Court of City Civil Judge, Bangalore. The matter ultimately was transferred to the Court of the 17th Additional City Civil Judge, Banaglore.

(3). A proclamation of sale of immovable property bearing No. 1138/8, II Main Road, Vijaynagar, Bangalore was issued on 21.10.1988 whereupon the auction sale was held. In the said auction sale Smt. Mahadevi S. Havannavar became the highest bidder having given a bid for a sum of Rs. 3,25,000/-. The said deal was accepted by the learned Executing Court on 26.10.1988. It is stated that the said sale was conducted at about 4.00 p.m. on the said date and keeping in view of the fact that the banks at that time were closed, the court directed the auction purchaser to deposit the amount by the next day in the following terms:

"Sale proclamation and warrant not served at spot. TRD files vakalath for the bidder did accepted (sic), permitted to deposit 25% of the sale amount by tomorrow. Property is free from encumbrances as it stands for balance of consideration by 11.11."

(4). It is not in dispute that pursuant to or in furtherance of the said direction, the auction purchaser deposited the amount of 25% of the sale amount on 27.10.1988 and deposited the balance amount on 11.11.1988.

(5). Smt. Leelavathi, Respondent No. 3 herein, in the meanwhile, had instituted a suit in the Court of Addl. City Civil Judge Bangalore being O.S. No. 2493 of 1981 on 17.08.1981 for specific performance of contract against Respondent No. 2 in respect of the self-same property wherefor a sum of Rs. 1,05,000/- said to have been paid by way of advance. The said suit was decreed by the said Civil Judge by a judgment and order dated 20.04.1985. An appeal was preferred thereagainst before the High Court which was dismissed by an order dated 6/8.03.1996.

(6). After the auction sale was confirmed, Respondent No. 3 appears to have filed an application purported to be under Order XXI Rule 97 of the Code of Civil Procedure (Code). It is not in dispute that by an order dated 11.11.1988 as no objection was filed and the entire amount had been deposited, the sale was confirmed and the sale certificate was directed to be issued to the auction purchaser. Sale certificate on a stamp paper, which had been furnished in the meanwhile, was issued by the Court on 17.11.1988.

(7). It is also stated that the property in question had been allotted by the Bangalore Development Authority to the original owner. The Bangalore Development Authority by a registered deed of sale dated 16.01.1990 transferred the property in favour of Shri Sangamesh G. Havannavar, husband of the auction purchaser Smt. Mahadevi S. Havannavar as in the meantime she had died.

(8). On or about 5.02.1992, the said Shri Sangamesh G. Havannavar transferred his right, title and interest in the said property in favour of the appellant herein in terms of a registered deed of sale dated 5.02.1992.

(9). It is contended that the appellant obtained licence from the appropriate authority for renovation of the existing ground floor and for construction of the first floor and pursuant to grant of sanction in this behalf had made constructions upon incurring a cost of Rs. 8,00,000/- therefor. He is said to have been residing therein.

(10). Appellant herein was not impleaded as a party in the said execution proceedings. Respondent No. 3, however, obtained warrant of delivery of possession of the said property in execution of the decree of specific performance passe

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