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1998 Supreme(Mad) 1121

C.SHIVAPPA, K.NATARAJAN
Ramajeyam Lorry Agency rep. by its Proprietor A. Raghtt – Appellant
Versus
V. B. Giri – Respondent


Advocates Appeared:
For the Appellant:Mrs. P. Bagyalakshmi, Advocate.
For the Respondents:R. Thiagarajan, Advocate.

Judgment :-

C. SHIVAPPA, J.

1. In this appeal, the appellant has challenged the order dated 24.4.1998 passed on Application Nos. 1457 and 1464 of 1998 in C.S. No. 201 of 1981, by the learned single Judge on the Original Civil Jurisdiction of this Court, accepting the highest offer and directing the issue of sale certificate in favour of respondent No. 14, in respect of the property, viz. , House No. 1/110, Third Block, Java Nagar, Bangalore-11, inter alia contending that the appellants offer was the highest bid amount and the auction suffers from material mis-directions and illegality, and that the learned Judge failed to take note of the bona fides of the appellant and equities between the parties. Hence, in substance, he is seeking for setting aside the auction sale conducted and issuance of sale certificate in favour of J.P. Balasubramaniam and three others.

2. The respondents 1 to 13 who are decree-holders have filed an application bearing No. 3124 of 1993, seeking for a directing to appoint an Advocate Commissioner to sell two items of properties, which includesthe one that was bid by the appellant herein. The sale proclamation was issued and conditions of sale were enumerated i






















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