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J. NISHA BANU
M. Mohammed Habibullah and Co. through its Partner M. Nazar Mohammed – Appellant
Versus
Kwality Skin Company, A registered partnership Firm of Parvinder Kumar Arora – Respondent
ORDER :
(Prayer in CRP No.4177/2019: Civil Revision Petition is filed to set aside the order dated 04.11.2019 passed in E.P.No.22 of 2017 in O.S.No.230 of 2005 on the file of III Additional District and Sessions Judge, Tirupathur, Vellore District.)
(Prayer in CRP No.SR157155/2019: Civil Revision Petition is filed to direct the learned III Additional District and Sessions Judge, Tirupathur, Vellore District to advance the hearing considering the application made in REA SR No.5925 of 2019 in REA No.1 of 2019 in E.P.No.22 of 2017 in O.S.No.230 of 2005 filed by the petitioners and pass orders in REA no.1 of 2019 in E.P.No.22 of 2017 in O.S.no.230 of 2005, filed by the petitioners within a time frame and till such time not to proceed with the sale of the properties described in the sale proclamation dated 07.11.2019 fixed on 19.12.2019.)
1. At the time of commencement of the hearing in the matters, the learned counsel for the petitioners, submitted that the relief sought for in CRP. SR. No. 157155 of 2019, has now become infructuous, on account of the subsequent events and as such informed this Court that the petitioners are not pressing the same and further submitted that it is suffice,
The court established that a party challenging a court auction sale must provide clear evidence of irregularities, and mere assertions without supporting evidence are insufficient to set aside a sale....
A Court executing a decree can only sell such portion of the property attached as may seem necessary to satisfy the decree and no sale can be allowed beyond the decretal amount.
The sale of property in execution of a decree must comply with procedural rules, only necessitating sufficient property to satisfy the decree amount, failing which the sale is invalid.
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Execution sales must adhere to the limitations set by procedural rules to ensure justice, with only sufficient property sold to satisfy the decree amount.
The court upheld the validity of the execution sale, ruling that the appellant failed to prove material irregularities or substantial injury, affirming the finality of the trial court's decree.
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