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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAGESH BHEEMAPAKA
Anju Gaggar – Appellant
Versus
Presiding Officer, Labour Court, Hyderabad – Respondent
ORDER :
1. This Writ Petition was filed to call for records in E.P. No. 25 of 2003 on the file of the Labour Court-I and to set-aside the order dated 20-12-2006 by allowing the Application of Petitioners and to consequently set-aside the sale in favour of the 3rd Respondent.
2. Petitioners claim to be the purchasers of Acs.8-00 guntas in Survey No.518 (Part) of Kistapur Village, Medchal Gram Panchayat, Ranga Reddy District from Respondent No.2 Company which was the Judgment Debtor in the impugned proceedings, Respondent No.3 was the auction purchaser of land admeasuring Acs.2-03 guntas situated Survey No.517, Kistapur forming part of Acs.8-00 through auction held on directions of Respondent No.1-Labour Court conducted on 16-10-2004, Respondents 4 to 8 are subsequent purchasers of the subject property from Respondent No.3.
2.1. It is the case of petitioners that their names were mutated in the revenue records vide proceedings of the Mandal Revenue Officer, Medchal Mandal dated 31-08-2005. At the time of sale, it was informed that property was mortgaged to South Indian Bank Ltd., MG Road, Secunderabad against the loan granted to Respondent Company. Petitioners paid loan amount to the sa
A transferee from a judgment debtor during pending execution proceedings has no right to enforce claims against a valid auction purchaser, as the transfer is void under sections of the CPC.
(1) Attachment and auction of property – No application to set aside a sale on grounds of irregularity or fraud can be entertained on any ground which applicant would have taken on or before date on ....
whether Section 35 of the Act is mandatory or directory the sale held in violation of the said provision is only illegal but not a nullity and therefore, it can be set aside only in the manner and th....
The execution court must recognize claims to property that does not belong to the judgment debtor, even post-auction sale, unless the sale is confirmed.
Execution of arbitral award – A judgment debtor cannot defeat a decree by alienating property after decree is passed but before decree is realised.
Adjudication of claims to, or objections to attachment of, property - Where any claim is preferred to, or any objection is made to the attachment of, any property attached in execution of a decree on....
A decree established in a suit under Order XXI does not automatically nullify an execution sale where necessary parties are not included, reaffirming the principles of execution law.
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