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2001 Supreme(All) 333

SUDHIR NARAIN
MANGNO – Appellant
Versus
1st ADDITIONAL DISTRICT JUDGE, MUZAFFAR- NAGAR – Respondent


Advocates Appeared:
MANISH GOEL, R.K.JAIN, R.N.SINGHA, R.P.GOEL, S.N.Singh, S.P.S.RATHI

SUDHIR NARAIN, J.

( 1 ) THIS writ petition is directed against the order dated 13-2-1986 passed by respondent No. 1 allowing the revision and rejecting the application of respondent No. 2 to set aside the auction sale.

( 2 ) THE factual matrix of the case is that respondent No. 2 filed Suit No. 80 of 1975 for recovery of money against the petitioners. The suit was finally decreed in 1979. The decree-holder filed application for execution of the decree in the year 1979. The property of the judgment-debtors was attached and sold in auction on 4-9-1981. The petitioners filed objection under Order 21, Rule 90 of the Code of Civil Procedure. The objection was dismissed in default and the auction sale was confirmed on 18-2-1983 and the Court directed the petitioners to hand over possession of the property which was sold in auction. The petitioners thereupon filed application to set aside the auction sale held on 4-9-1981 with the allegation that they had deposited the amount after the auction sale, which covered the amount of the purchase money. The trial Court, taking the view that the amount was deposited after the auction in pursuance of the order of the Court, set aside the auction s









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