Division .
The judgment debtor filed an application under Order XXI Rule 89, CPC on 3.9.2004 to set aside the Court Sale along with an application to appoint a Court Commissioner to find out the market value of the sold property.
Against the order dated 18.12.2004 passed by the Executing Court dismissing his application under Order XXI Rule 89 of the Code of Civil Procedure CPC the judgment debtor preferred an appeal being Miscellaneous Appeal No.1/2005 before Civil Judge Sr.
Admittedly, at numberpoint of time, the judgment debtor made any deposit as required by Order A. S.L.P. C No.16312/10 .
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As numbericed earlier, judgment debtors Miscellaneous Appeal was dismissed as number maintainable.
XXI Rule 89, CPC before the Executing Court.
On 15.1.2005, the Executing Court closed the Execution Petition as fully satisfied.
Decree holder filed objections and thereafter by different orders passed on 18.12.2004 the Executing Court rejected the applications of the judgment debtor and issued Certificate of Sale in favour of the auction purchaser.
The property in question was sold through Court Sale on 7.8.2004.
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The judgment debtor then preferred Writ Petition No.10550 of 2006 before the A. S.L.P. C No.16312/10 .
On facts, it is sufficient to numberice that after success in S.No.26/1969, the decree holder instituted execution proceedings in P.No.17/1993.
SHIVA KIRTI SINGH, J. Leave granted.
The matter relates to an Execution Proceeding in which the Executing Court put a house bearing CTS No.1610/B to auction and after rejecting the objections raised by the judgment debtor, Respondent number1 herein, companyfirmed the Court Sale by issuing Certificate of Sale in favour of the auction purchaser, the Appellant.
That appeal was dismissed on 26.7.2006 with a finding that the appeal was number maintainable.
The High Court, by the order under appeal dated 18.2.2010, allowed the writ petition by quashing the impugned order of the Executing Court and remitting the matter back to the Executing Court for fresh disposal of judgment debtors application under Order XXI Rule 89 of the CPC.
High Court of Karnataka, Circuit Bench at Gulbarga to challenge the order of the Executing Court as well as of the Appellate Court.
In the Writ Petition preferred by him, the High Court agreed that Miscellaneous Appeal was number maintainable but primarily because the judgment debtor, on an opportunity given by the Writ Court, had deposited Rs.25,000/ over and above the amount for which the property was sold, impugned order was passed to remit the matter back to the Executing Court for fresh disposal of the application under Order XXI Rule 89 of the CPC with liberty to the writ petitioner to place available materials before the Executing Court to show that the value of the property is more than the price obtained in the Court auction.
