...144 unless the auction-purchaser was a party before the Appellate Court which set aside the sale in the proceedings instituted for setting it aside.The mere fact that the decree-holder was a party to those proceedings will not suffice as the Court auction-purchaser...restitution does not expressly state that the Court auction-purchaser was a party to the proceedings taken to have the auction sale set aside. No records have been produced before us to establish that fact. We..., refusing to set aside a sale in execution, was reversed by the Appellate Court.Assuming that section 151 of the Code of Civil Procedure allows an order...

...1. The veppu-holder was not entitled to have either the jenm panayam or the auction sale set aside; but, assuming that he came into Court within time, he was entitled, on tendering the...price, to claim that the jenm panayam should be transferred to him : and if no offer was made to him of the land at the price bid by the highest bidder at the auction sale, he was entitled to require that on payment of that price the sale should be made with him. He has not offered to pay the amount of the jenm panayam, nor has he applied for its transfer. He has asked that the sale at auction be set aside, because...from showing that in fact the interest was not charged on the land. The appeal is decreed and the decrees of the Courts below in so far as they decree the claim to set aside the auction sale are reversed with costs. ...

...ex parte decree was passed in the said suit being Original Suit No. 5 of 1984 but the said decree was set aside and the proceedings remained pending. In the meantime by an order dated 11-2-1988 the Tax Recovery Officer attached the aforesaid properties belonging to Y.S Devendra Murthy and thereafter a proclamation of sale was issued for putting the said properties to auction-sale...and order of the learned Single Judge as by the said order of the learned Single Judge the auction-sale in favour of Respondent 3 was liable to be set aside if the remanded proceedings under Rule 60...auction-sale with the prayer to get it set aside. This letter is merely an intimation to the Income Tax Commissioner that he had authorised the appellant, plaintiff of the suit, to make payment on behalf of...

...analogy of Section 144, unless the auction-purchaser was a party before the Appellate Court which set aside the sale in the proceedings instituted for setting it aside. 3. The mere fact that the decree-holder was a party to those proceedings will not suffice as the Court auction-purchaser...confirmation of or setting aside the sale. The petition for restitution does not expressly state that the Court auction purchaser was a party to the proceedings taken to have the auction sale set aside. No..., Rule 90, refusing to set aside a sale in execution, was reversed by the Appellate Court. 2. Assuming that Section 151 of the Code of Civil Procedure...

..., for having an auction sale set aside. Manifestly the object of that deposit was to have the sale set aside. No separate application was filed. On the 20th of September 1919 the Court fixed the 15th of November 1919 for the disposal of the objections of the auction-purchaser...five percent. on the purchase-money must be deemed to be an application not only for the deposit of the purchase-money but also to have the sale set aside. When on the 20th of September 1919, the Court fixed the 15th of November 1919 as the date on which the objection of the auction-purchaser...to have the sale set aside and the decree holder, who was the auction-purchaser, objected to the application. The form of the order implies that there was an application to have the sale set aside. It...

...petitioner herein, as judgement debtor, in the E.P., filed the application under Order XXI Rule 90 of C.P.C. to get the auction sale set aside. After hearing both sides, the...) . . . . . . . . . . (j) an order under Rule 72 Rule 92 of Order XXI setting aside or refusing to set aside a sale." 6. As such, the registry, without concentrating on the...petition has been filed. 2. A summation and summarisation of the germane facts in a few broad stroke could succinctly and precisely be set out thus: The revision...

...the money paid by him. The court below has dismissed the claim on the ground that the payment was a voluntary one. It is contended that it was necessary for the plaintiff to have the sale set aside in order to maintain his possession of the groves undisturbed by the auction purchaser...well founded. He had an interest in the mortgaged property by reason of his usufructuary mortgage. Therefore, he is one of the persons who was entitled to apply to have the sale set aside under the provisions of the Code of Civil Procedure. It is true that he was a mortgagee of the property but his mortgage was a usufructuary mortgage. If it was effected after attachment of the groves in execution of Topsi's decree, the mortgage could not prevail as against the auction purchaser...mortgage was not executed after attachment in execution of Topsi's decree, since he held a possessory mortgage of the property it was optional with him to have the sale set aside in order to avoid the trouble and risk as to loss of possession in case the sale continued good and the auction purchaser...

...evidence recorded the findings as under:“Obviously, the irresistible inference is that the defendant did not want to part with the property and did not intend to get the auction-sale set aside solely...which the defendants were placed, that is to say, unless they could find the necessary money for depositing into court to set aside the auction-sale and to conduct the proceeding for this purpose, they...agreed to purchase the theatre for Rs 5,44,000 and Rs 2 lakhs. It is the case of the appellant that the contract came to be executed on 22-7-1982 and the sale was set aside on deposit of the amount...

...for the revision petitioner, who would echo the cri de coeur of the revision petitioner to the effect that his client happened to be the purchaser of the property in the court auction sale; the judgment debtor took frantic steps to get the auction sale set aside; but...judgment debtor's attempt was foiled. Thereafter, there could be no impediment for the Executing court to order delivery of the property in favour of the auction purchaser, who already obtained sale...R1 to R5 & R7 have been set exparte before the trial court and hence they are not necessary parties and hence they may be given up in the above CRP...

...1. The petitioners have challenged the order dated 9-9-1994, passed by respondent No. 3, whereby the auction sale dated 23-5-1985 has been set aside.2. The facts in brief...89, C.P.C the auction sale should be set aside. He further prayed that the tender forms along with application already filed by him be treated as application for setting aside the sale as...21, Rule 89, C.P.C and the auction sale dated 23-5-1985 was liable to be set aside. His order has been challenged in this writ petition.3. Learned counsel for the petitioners...

...auction sale was confirmed, the judgment-debtor for a sum of Rs. 500 privately sold the property to one Gangaram, a stranger. Then within 30 days of the auction sale the judgment-debtor applied under Order XXI, Rule 89, to set aside the...the Rule the judgment-debtor in the position of the present applicant is still the owner of the property in the eye of the law, the auction sale being still unconfirmed.That position must, I think, be held either by him or by the subsequent vendee, and in my view it clearly does not belong to the subsequent vendee, because he has not acquired any title, nor can he acquire any title until the auction sale has been set aside. The...the third party will purchase at a higher value if the judgment-debtor can succeed in getting the auction sale set aside, and in that case it appears to me clear that the judgment-debtor would be...

...Receiver, unless he was impleaded in the execution proceedings prior to the auction sale. On this simple ground, it would be open to the Official Receiver to have this auction sale set aside. But...apply to the Court to set aside the sale on the ground of material irregularity or fraud in publishing or conducting it. The point for consideration is, whether a judgment-debtor who is adjudged an...Procedure Code, the judgment-debtor or any other person whose interests are affected by the sale may apply to have the sale set aside. In construing this expression, the learned Judges in the case...

...from the old section 310 A) to have the court auction sale of the property (which belonged to him on the date of such auction sale), set aside.After the court auction sale, however, he...property or holding an interest therein by virtue of a title acquired before such sale” at the time of his applying to have the sale set aside, although he may be a “person whose immovable property...has divested himself of all his interest in the property has no locus standi to apply under Order XXI, Rule 89, to have the sale set aside.On the question...

...I, Delhi, set aside the auction-sale subject to payment of a certain amount, interest, expenses, etc.8. Objecting to these conditions, the Company filed an appeal to DRAT...Income Tax Act, 1961 but only chose the path for having the auction-sale set aside on the ground that the reserve price of the Company's assets had not been correctly fixed. In effect, proceedings..., Delhi. The appellant also filed an appeal being aggrieved by the setting aside of the sale in its favour. DRAT stayed the order dated 26-7-2005 by which the ex parte order against the Company was set...

...Court to set aside the Court auction sale was made jointly by the judgment debtors and persons who purchased the property from them privately after the Court auction sale. 3. The short...question for decision in this case is whether a private purchaser from the judgment-debtor after the date of the Court auction sale but before the Court auction sale was confirmed can apply under Order XXI, Rule 89, (old Section 310-A) to have the Court auction sale set aside and.... 10. Whether the judgment-debtor or the purchaser from such judgment-debtor, after the auction sale has been held but before it has been confirmed, is the person who should apply under Order XXI, Rule 89, to have the sate set aside on...

...against him. The auction-sale took place on January 30, 1961, when the property was purchased by respondent No. 2 for Rs. 2,100. Before the auction sale was confirmed, and within 30 days of the auction sale, the judgment-debtor paid in Court on February 28, 1961, the full amounts which were required to be paid under O. XXI, r. 89, of the Civil Procedure Code for having the sale set aside. On...application (exh. 40) on March 27, 1961, in which he prayed that his Purshis (exh. 35) should be treated as an application under O. XXI, r. 89, of the Civil Procedure Code to set aside the sale. The executing Court rejected this application, confirmed the auction sale..., however, the terms of O. XXI, r. 89 require an application to be made for having the sale set aside, nothing is stated in that rule regarding the mode in which such an application should be made. It must follow that a judgment-debtor who makes the requisite deposit in Court, and further makes a request to the Court in any form that the auction-sale...

...has! been set aside under Order 21, Rule 92. We J. have come to the conclusion that this contention is correct. Under Section 315 of the Code of 1882 the auction-purchaser was given a right to receive back his purchase money not only when the sale was...clause quoted has been deliberately omitted, and the auction purchaser is only entitled to a refund when the sale has been set aside under Rule 92. The deliberate omission of the clause quoted certainly suggests that the legislature did not intend that the auction-purchaser could claim a refund on the ground stated therein but could only claim a refund when the sale is...who has been deprived, by means of a suit against the judgment-debtor, of the property purchased by him cannot obtain a refund of the purchase money without getting the auction sale set aside. That...

...properties were auctioned, was annulled in revision, the entire proceedings leading to the auction sale were liable to be set aside. We find no merit in this contention. The setting aside of the assessment...order which wiped out the demand against the petitioner has no relevance to the validity of the auction sale and cannot affect the title of respondent No. 3 to the properties in question which he acquired under the sale deed executed in his favour. The petitioner did not take any steps to get the auction sale set aside before...setting aside the ex parte decree. In the meantime confirmation of sale was stayed by the execution court. Ultimately, the ex parte decree was set aside. The auction-purchaser made an application for revival of the execution proceedings and for confirmation of the sale under...

...approached the zemindars in order to obtain settlement, they did not take the other course of getting the auction-sale set aside by making the deposit. The learned Subordinate Judge, however, points out...-Plaintiffs and the suit was decreed in favour of Defendants Nos. 1 and 2, who also at an auction-sale in execution of the decree purchased the holding. The Plaintiffs acquired the greater portion of...auction-sale in execution thereof only passed the right, title and interest of the original tenants. The learned Munsif also took this view but, at the same time, he decided not to give the Plaintiffs a...

...has no right, power or authority to get the auction sale set aside on payment of outstanding dues after the period of 30 days stipulated under..., the learned Senior Counsel appearing for Respondent No. 4.4. It appears that after the auction sale held in favour of the petitioners was quashed and set aside by this Court vide its...view that once the auction sale is quashed and set aside by this Court and the Court has permitted the Respondent Nos. 1, 2 and 3 to go for a fresh auction, the same thing should have been done by...