THE HIGH COURT OF KARNATAKA
MR. S.R.KRISHNA KUMAR, J
SRI GOPALAKRISHNA G V – Appellant
Versus
SMT. PADMAKSHI – Respondent
| Table of Content |
|---|
| 1. petitioner challenges auction process. (Para 1 , 2 , 3 , 5) |
| 2. conduct of parties affected auction legitimacy. (Para 4 , 8 , 10 , 12) |
| 3. trial court's procedural adherence confirmed. (Para 7 , 11) |
ORAL ORDER
This petition by respondent No.1 in FDP.No.28/2013 on the file of XV Additional City Civil and Sessions Judge, Bengaluru (CCH-3) is directed against the impugned order passed on IA.No.X, whereby the said application filed by the petitioner/respondent No.1 under Order XXI Rule 90 r/w Section 151 of CPC to set aside the auction of the suit property conducted by the Court Commissioner on 14.11.2024 was dismissed by the trial Court.
2. A perusal of the material on record will indicate that the petitioner and respondents were parties to a suit in OS.No.4212/1992 for partition and separate possession and other reliefs in relation to the suit schedule immovable property. The said suit was decreed by the trial Court vide its judgment and decree dated 23.02.2012, which was challenged before this Court in RFA.Nos.590/2012 and 591/2012. The said appeals were filed by the petitioner herein and culminated in a judgment and decree dated 13.01.2021, whereby this Court dismisse
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